
Qass. 
Book 



DIGEST OF LAWS 



RELATING TO 



FREE SCHOOLS 



IN THE 



STATE OF DELAWARE. _a..,we 



PUBLISHED BY AUTHORITY OF SECTION lo, CHAPTER 369, 
VOLUME 16, LAWS OF DELAWARE. 



1881: 
JAMES KIRK & SONS, PRINTERS, 

DOVER, DELAWARE. 



,33 
1881 






SCHOOL LAWS OF DELAWARE, 



ARTICLE I. 

SUPERINTENDENT. 



On the second Tuesday in April, annually, the Governor shall ap-Sec. i,chap. 46, 
point and commission some suitable personj of good moral character, 

State Superin- 

and well qualified in regard to his mental attainments for the place, ^^"^oiJJed ^^ 
as Superintendent of the Free Schools of the State of Delaware, who Qualifications. 
shall hold his office for one year and until his successor shall in like Term of office. 
manner be appointed. The Governor shall have power to fill any Vacancy, 
vacancy caused by death, resignation, or otherwise. 

The Superintendent shall visit every school once a year. He shall ^*''^\4. ^^^ap. 46, 
note in a book, to be kept for that purpose, the number of scholars ; P"t'es of state 

' r r IT ' } Superintendent. 

the condition of school building, ground and appurtenances; the 
qualification and efficiency of the teachers ; the conduct and standing 
of the scholars; the method of instruction, and the discipline and 
government of the schools. In the visits of the Superintendent to the 
schools, he shall advise with the teachers respectively, and give them 
^uch instructions in regard to discipline and teaching as he may deem 
necessary, and shall have power to suspend or withdraw any teacher's when he may 

withdraw 

certificate upon his refusal to comply with the rea.sonable directions of certificates. 

the Superintendent, subject, however, to an appeal, as in other cases. 

He shall, by every means in his power, strive to promote and advance 

the cause of education and interest in the schools, and, in order to 

secure his entire time, he shall not engage in any other business, or ^^aii engage 

<=><=>■' i,i no other 

pursue any other calling. 



Inisincss. 



The Superintendent shall examine all persons who shall apply to Scc 5, chap. 46, 
him for that purpose, and who propose to teach in this State, and any who shall be 

examined. 

one interested may attend such examination, which may be oral, or by 



jr,;sr) iR#8Si.^ 



Laws Relating to Free Schools 



Mode of 
examination. 
Where and 
when held. 



Who shall be 
recommended 
for a first grade 
certificate. 



When certificate 
shall issue. 
How signed. 

Good for how 
long. 



Who shall 
receive second 
grade certificate. 



How long good. 



Who shall 
receive third 
grade certificate. 



'How long good. 

Who may 
appeal. 

Superintendent 
shall keep list of 
certificates. 
Chap. 355, 
Vol. i6. 



printed or written questions, or partly by each method. These exam- 
inations may be at such times and places as the Superintendent may 
appoint, having due regard to the necessities of the schools and the 
convenience of the teachers. Every applicant who is of good moral 
character, and who shall be found qualified to teach orthography, 
reading, writing, mental arithmetic, written arithmetic, geography, 
history of the United States, English grammar, elements of rhetoric, 
algebra, geometry, and natural philosophy, shall be recommended to 
the State Board of Education for a first grade certificate ; and the said 
Board, approving the same, shall authorize and direct such certificate 
to issue, signed by the Superintendent, and countersigned by the 
President of said Board, and the certificate so issued shall be good for 
three years, unless sooner revoke(Lby the Superintendent for cause, to 
be approved by said Board. Every applicant who is of good moral 
character, and who shall^ in examination, answer ninety /<?r centum of 
all questions asked in orthography, reading, writing, mental arithmetic, 
written arithmetic, geography, history of the United States, and 
English grammar, shall receive, from the Superintendent, a second 
grade certificate, which shall be good for two years, unless sooner 
revoked for cause, to be approved by said Board. If any such ap- 
plicant fail to answer ninety per centum of the questions asked in 
examination, in the branches mentioned for a second grade certificate, 
but shall answer at least sixty per centum thereof, he shall receive from 
the Superintendent a third grade certificate, which shall be good for 
one year, unless sooner revoked for cause. Any applicant having 
been refused a certificate may appeal to the State Board of Education. 
The Superintendent shall also keep an accurate list of all certificates 
granted by him, with the dates thereof, and the names of the persons 
to whom granted. 



Sec. 6, Chap. 46, The State Superintendent shall receive a salary of fifteen hundred 

Vol. 16. ■ ^ •^ 

^^So^Vo'i ^i6^^' dollars per annum, to be paid quarterly by the State Treasurer on 

Saiar>')gi,5oo. Warrants drawn by himself and marked correct by the State Auditor ; 

but the State Auditor shall not mark such warrant correct when such 

Superintendent has failed to discharge his duties faithfully and to the 

best of his abilities. 



Sec. 7, Chap. 46, 
Vol. 16. 



The State Superintendent shall annually, on the first Tuesday in 



In the State of Delaware. 5 

December, in each and every year, report in writing to the Governor Annual report to 
the condition of the pubUc schools, and make such recommendations 
and suggestions as he may think proper. 

The Superintendent shall hold a teachers' institute, in each of theSec n chap.46, 

Vol. 16. 

counties of this State, at least once a year, of at least three days' Teachers' 

•^ ■' Institute. 

session, at which time all the teachers in their respective counties shall when held, 
attend, unless unavoidably detained; at which time the Superintendent Teachers. 
shall give all the information to teachers within his power, and such Superintendent. 
other instructions as he may deem advisable for the advancement of 
education, and have a general interchange of views of teachers as to 
the wants of the various schools. 



The Superintendent shall, bv the consent of the State Board of See. 13, chap, 

^ ' 46, Vol. 16. 

Education, or a majority of them, have power to re-district, or when Superin- 
tendent may 

consolidate, any of the districts in Sussex County, when, in his judg- consoiid?te°a 
ment, such consolidation or re-districting is necessary for the promo county 
tion of education in said county ; provided^ however, he shall not 
interfere with any consolidated district or incorporated board of edu- 
cation. 



any 
district in Sussex 



The Superintendent shall purchase all the school books used in the 
public schools of the State, at the lowest price at which the same can 
be obtained, first inviting competition, and draw his warrant upon the 
State Treasurer for the amount thereof in favor of the person supplying 
the same, which he is hereby authorized to pay. The Superintend- 
ent shall also distribute said books at the price at which they were 
purchased to the clerk of each school district in this State, as said 
clerk may indicate upon his written order for the same. He shall also 
pay over to the State Treasurer, quarterly, the money received from 
the clerks of the several school districts for school books, as herein- 
after provided for, and also at the same time furnish the State Treasurer 
a list of the school books, and their respective prices, supplied to each 
clerk of the district during the preceding three months. The State 
Superintendent, before entering upon the duties of his office, shall give 
bond to the State of Delaware, with at least three sureties, to be ap- 
proved by the ( Governor, in the penalty of fifteen thousand dollars, 
with conditions as follows, viz : The condition of the above obligation 
is such, that if the above named , being State Superin- 



Sec. s, Chap. 
369, Vol. 16. 
Superintendent 
to purchase 
school books. 



How paid for. 

Distribution of 
school books. 



List of school 
books, to whom 
rendered. 



Bond of 
superintendent. 



Condition. 



6 Laws Relating to Free Schools 

tendenti shall and do well and truly account for all money which shall 
come to his hands from the several school districts of this State, and 
shall pay and apply the same according to law, and deliver to his suc- 
cessor in office all school books on hand at the expiration of his term 
of office, then the above written obligation shall be void. To the said 
Warrant of bond there shall be subjoined a warrant of attorney to confess judg- 

Attorney. 

ment thereon, and the said bond and warrant of attorney shall be joint 
and several. 

^r' VoP^le^' ^^^ Superintendent shall keep a book, in which shall be recorded 

Record of jn the proper form all his acts and doings with reference to the pur- 

Supenntendent. r r o . r 

chase and distribution of books as hereinbefore provided. The clerk 
of each school district shall also keep a record of the school books 
received and distributed, and also the amount received therefor, in an 
itemized form. 

ARTICLE IL 

ASSISTANT SUPERINTENDENT. 
Sec. I, Chap. 

^ ^' ° • ^ • The Governor, at the time of the appointment of the State Superin- 

Appointment . . . . , , * . 

of Assistant tcndent, shall appomt and commission some suitable person as Assistant 

Superintendent. 

Superintendent of the Free Schools of the State of Delaware, who shall 
hold his office for the term of one year and until his successor shall be 
appointed. 



369. 



3, Chap. It shall be the duty of the Assistant Superintendent to aid the State 

Duties of Superintendent in the performance of his duties now imposed by law. 

Assistant 

Superintendent. ^^^ j-q |.]^^(- ^^^ g^^^ij ^^g subject to his direction. It shall also be the 
Secretary. duty of the Assistant Superintendent to act as Secretary of the State 

Board of Education. 

Sec. 4, Chap. Hc shall rcceive a salary of eight hundred dollars per annum as 

369, Vol. 16. 

compensation for all the duties herein imposed upon him, to be paid 
in the same manner as the salary of the State Superintendent is now 
paid. 

ARTICLE III. 

STATE BOARD OF EDUCATION. 

369,' Vol. 16. ■ The Secretary of State, President of Delaware College, and the 

Iduca^ion'.'^ °^ State Superintendent, shall constitute a State Board of Education for 



In the State of Delaware. 7 

this State, who shall meet on the first Tuesday of January, in each and Annual meeting. 

every year, in the Capitol, at Dover, at 2 o'clock in the afternoon. 

The Assistant Superintendent shall act as Secretary of said Board ofwho shall be 

Secretary. 

Education. The President of Delaware College shall, by virtue of who President. 

his office, be President of said Board of Education. The State Board 

of Education shall hear appeals and determine finally all matters of Powers and 

duties of Board. 

controversy between the Superintendent and teachers or commissioners, 

and between school commissioners and teachers; the State Board ofshaii determine 

what text books 

Education, together with the State Superintendent, shall determine are to be used. 

what text books are to be used in the free schools of this State. The 

State Board of Education, together with the State Superintendent, who shall issue 

shall issue an uniform series of blanks for the use of teachers, and shall 

require all records to be kept and returns to be made according to Returns. 

these forms. They shall also prepare and distribute the proper forms, shaii prepare 

to be signed by the school commissioners of each district respectively, forms. 

certifying under their hands that they have adopted and used in their 

respective districts the text books directed to be used by the State 

Board of Education, and no other, except in branches in which said 

Board has given no direction; and the Auditor of Accounts shall when the 

Auditor shall 

neither settle with, nor give any order, or certificate, to any school "°' ^^"'^• 
district, its cle;rk, or commissioners, until such certificate shall be pre- 
sented and filed with him. 

The members of the State Board of Education shall receive no sec. 3, chap. 46, 

Vol. 16. 

salary or compensation for the performance of the duties thereof. A no compensa- 
tion. 
majority of the members of the State Board of Education shall consti- 
tute a quorum to do business, but a less number may adjourn from time Quorum. 
to time, until a quorum be obtained. Their Secretary shall keep a Duties of 

Secretary. 

record of their proceedings, and all books, papers, and other docu- 
ments, shall be carefully preserved by the Secretary and be by him 
handed over to his successor in office. 

The provisions of this article, and of the two preceding articles, sec. 10, chap. 

46, Vol. 16. 

shall not apply to any school or school districts managed or controlled Not applicable 

to incorporated 

by an incorporated board of education, unless by special request of schools. 

K.\ception. 

said board. 



Laws Relating to Free Schools 8 

ARTICLE IV. 

DISTRICTS. 

R. c. Chap. 42, The limits of the school districts in the several counties, and all 

Sec. I. 

alterations of such limits, whether by the division of a district, the 
Limits of dis- union of Several, or otherwise, shall be recorded in the office of the 

tricts to be re- 
corded. Clerk of the Peace of the proper county. 

Certificate of The Clcrk of the Peace shall certify, in due form, to the Trustee of 

Clerk of Peace ' ' 

SchoorFun"? ^^^ School Fund, the number and location of each school district laid 
out by the Levy Court of his county, and every alteration of a district. 

Alteration of The Lcvy Court, two-thirds of all the members concurring, may, 

upon application, make such alterations, having due regard to the 

Notice to alter pubHc convcnience, and to the interest of the schools ; but notice of 

district. 

such intended application, and of the time when it will be made, and 
of the alterations desired, shall be given by advertisements posted in 
four or more public places in each district to be affected by the change 
twenty days before the application is made, or the court shall not re- 
ceive it. 

Chap. 442, Sec. Whenever a petition shall be presented to the Levy Court of either 
Application to county, signcd by twelve or more owners or holders of real estate in 

divide district. 

any school district or districts contiguous to each other, praying that 

an additional district may be formed from the district or districts in 

Appointment of which they reside, the said Levy Court shall appoint three judicious 

commissioners. . i • i i t • 

and impartial persons, residing in said county, and without the limits 

of the districts immediately affected by the petition, who shall go to 

the said district or districts, and inquire concerning the propriety of 

Mode of pro- laying out an additional district therefrom ; and if, after careful exam- 

ceeding in 

dividing district, ination, the said commissioners should be of opinion that an additional 
district should be laid off, they shall locate and lay off such additional 
district as to them shall seem just and proper; and when the said 
commissioners, or a majority of them, shall have located and laid out 

Return of com- Said additional district, they, or a majority of them, shall make return 
of the said additional district so located and laid out, and also of the 
part or parts of the original district or districts remaining after the said 
additional district shall have been laid off, describing plainly the metes 
and bounds of each, into the office of the Clerk of the Peace of said 



missioners. 



In the State of Delaware. • 9 

county, to be by him filed among the records of his said office, and 
within ten days thereafter the said Clerk of the Peace shall make a 
copy thereof and deliver the same to the Trustee of the School Fund. 
From and after the time of such return by the commissioners into the Provisions of 

Free School Law 

office of the Clerk of the Peace, the additional district so located and applicable to ad- 
ditional district. 

laid off shall be deemed and taken to be a school district of said 
county, and numbered in continuation of school districts in said 
county, and all the acts of the General Assembly of this State, for the 
general regulation, government, and benefit of free schools, shall be 
extended and applied to said additional district ; and the Trustee of 
the School Fund, in the distribution of the school fund applicable to 
school districts in said county, shall give to said additional district an 
equal proportion of the. money in his hands applicable to school dis- 
tricts in said county. No such additional district shall be located and 
laid off by the commissionersf unless it shall be made satisfactorily tot Chap. 296, See. 
appear that there will be left remaining in the original school district, ^p^^g^^^;^ ^c'^' 
or if more than one, [in each of] the original districts out of which it ^"j^ef^fn^^rSS 
is proposed to be laid out, at least thirty-five scholars over the age of 
five years, and also a like number in the said additional school district 
proposed to be laid out. fin case said commissioners shall determine! chap. 442, Sec. 

2, Vol. II. 

that no additional district is necessary, they shall make return thereof See Rev. Code, 

■> ^ page 213. 

to the Clerk of the Peace of said county, to be filed in his office. 

It shall be the duty of the persons appointed by the Levy Court to Chap. 139, See. 
lay off districts as aforesaid, or a majority of them, to give notice, in^^^p^gj'^i?'^^' 
writing, at least ten days before the holding of the first regular meeting J^gui"/mildngs 
of the school voters to be held in districts created as aforesaid, of the'""^^ 
time and place for holding such meeting, which notice shall be posted 
in five of the most public places in the district. A failure to give 
notice as aforesaid shall in no wise affect or invalidate an organization 
that may be made by the school voters in such districts, provided Vro\\so. 
that a majority of the school voters of the district be present at any 
meeting held without notice given as aforesaid. 

The commissioners, before entering upon the duties prescribed, shall chap. 442, Sec. 

3, Vol. II. 

each take an oath, or affirmation, to perform the same with fidelity. Commissioners 

to be sworn. 

They shall each receive one dollar for each days' service, to be allowed ihcir compensa- 
tion — how paid. 

by the Levy Court of said county. 
2 



lo Laws Relating to Free Schools 

Chap. 442, Sec. Ill casc any additional district is created under the provisions of this 

4, Vol. II. 

See Rev. Code, act, in ordcr that none may be even temporarily deprived of a school. 
Inhabitants of the inhabitants of the portion of the district or districts included within 

add'l district to 

enjoy benefits of said additional district shall continue to have and enjoy, as before, the 

school in original 

Stated melt"ng' privileges and benefit of the school in the original district or districts 
from which they were taken until the day of the next annual stated 
meeting of the school voters in this State, when they can organize. 

Chap. 442, Sec. In case the school commissioners of any school district shall not be 

5, Vol. II. ^ 

See Rev. Code, ^blc to procure, by agreement with the owner, a lot of land suitable 
Site, how pro- and proper for the erection of a school house for the use of the district, 

cured. ^ ^ 

it shall and may be lawful for the said school commissioners to apply 
to the Levy Court of their county, who shall thereupon appoint three 
judicious and impartial freeholders of said county, residing without 
the limits of said school district, to select a site for such school house 
and appurtenances, not to exceed half an acre in any case. The said 
commissioners shall, as soon as conveniently possible after the said 
appointment, notify the said freeholders and fix a day when they shall 
meet in said district to select such site, and shall also give notice to the 
inhabitants of said district of the time so fixed, by notices posted in 
five of the most public places in said district at least ten days before 
the day of meeting. The said freeholders shall, on the day so fixed, 
proceed to the said district, taking with them a surveyor, if necessary, 
and shall select such site as they may deem most suitable for the pur- 
poses aforesaid, and shall cause a plot and description of the same to 
be made out and delivered to the commissioners, who shall, within 
thirty days after such delivery, lodge the same in the Recorder's office 
of the proper county, to be recorded. 

Chap. 442, Sec. The Said freeholders shall also, at the time of selecting and locating 

6, Vol. II. 

See Rev. Code, the sitc, asscss the damages of the owner or owners, taking mto con- 
page 213, &c. 

Assessment of sidcration all circumstances of convenience or injury, but in making 

damages. 

such assessment they shall allow -at least the cash value of the land 
taken, and shall certify their award to both parties, owners and com- 
missioners, whereupon, upon payment of the damages so assessed, the 
said land so taken shall become and be the property of the said school 
Case of minor or district for the purposc aforesaid. In case any such owner or owners 

non-resident. , 1 1 r • • 

be a minor, non-resident, or from any cause incapable of receivmg, or 



In the State of Delaware. i i 

unwilling or neglecting to receive said damages, the said school com- 
missioners may deposit the same, to the credit of such owner or owners, 
in the Farmers' Bank of the State of Delaware, or any branch thereof, 
and such deposit shall operate as payment. 

In case the said freeholders should fail to meet on the day fixed, the chap. 442. Sec. 

J. . 7, Vol. II. 

commissioners may call them out again upon like notice to the district, ^^^ Rev. code, 
as above provided. The said freeholders shall have power to adjourn Further provis- 

r,-,, 1 . . ■ ~ . . J ions in regard to 

from time to time. 1 he decision ot a majority shall be as good as freeholders. 
that of the whole. The fees of the freeholders shall be one dollar per 
day. All the expenses shall be borne by the district. 

Each school district, by name of " School District No. — , in R. c. chap. 42, 

Sec. 22. 

County," or "United School District, Nos. — , in County," (as 

the case may be, and filling the blanks properly,) may take and hold Capacity of 
ground for a school house, an;l the appurtenances and furniture; may '^^ po^^""*^- 
take and hold by devise, bequest, or donation, real and personal estate, 
not exceeding in clear annual income one thousand dollars, for the 
use of the free school in said district, and may alien the same ; may 
take bond from the collector ; may prosecute actions upon it, and any 
action for injury done to any property of the district, in which action 
they shall recover double damages and costs ; and also any action for 
a forfeiture or penalty due to the district. Any of the said actions 
may be brought before a Justice of the Peace, if the sum demanded 
do not exceed one hundred dollars, and he shall proceed as in other 
demands of like amount. A school district shall not possess any other 
corporate power or fi-anchise. 

The following districts have been sub-divided and new districts 
formed therefrom : 

IN NEW CASTLE COUNTY. 

District No. 54, new District No. 

Districts Nos. 2, 3, new District No. 73. 

Districts Nos. 57, 58, 59, new District No 74. 

Districts Nos. 8, 19, 23, new District No. 75. 

District No. 21. 

District No. 62. 

Districts Nos. 21, 33 and 38. Chapter 34, Volume 11, passed Februaiy 9th, 

1853. 

District No. 19. Chapter 272, Volume 11, passed March ist, 1855. 

Districts Nos. 69, 71 and 72. Chapter 293, Volume ii, passed March 2d, 1S55. 



12 Laws Relating to Free Schools 

Districts Nos. 6i and 65. Chapter 295, Volume 1 1, passed March 2d, 1855. 

District No. 62. Chapter 338, Volume ii, passed February 4th, 1857. 

Districts Nos. 65, 72 and 80. Chapter 345, Volume 11, passed February loth, 
1857. 

District No. 34, Chapter 411, Volume 1 1, passed February 27th, 1857. 

Districts Nos. 56 and 57. Chapter 456, Volume 11, passed March 4th, 1857. 

Districts Nos. 59, 60 and 61. Chapter 464, Volume 1 1, passed March 4th, 
1857. 

Districts Nos. 3 and 8. Chapter 532, Volume 1 1, passed Februax-y 2d, 1859. 

District No. 60. Chapter 594, Volume 11, passed February i8th, 1859. 

District No. 20. Chapter 424, Volume 13, passed February i8th, 1869. 

Districts Nos. 71, 72 and 80. Chapter 30, Volume 16, passed February 19th, 

1879. 

An act to transfer certain real estate from one school district to another in New 
Castle county. Chapter 399, Volume 14, passed March 20th, 1873. 

Certain real estate of Lorenzo D. Ginn transferred from School District No. 81 
to School District No. 72. Chapter 37, Volume 15, passed March 2d, 1875. 

Boundary of School District No. 81 changed. Chapter 41, Volume 15, passed 
February 23d, 1875. 

District No. 21 divided. Chapter ^;^, Volume 16, passed March loth, 1879. 

Certain real estate of Joab S. Alston transferred from District No. 88 to District 
No. 53. Chapter 43, Volume 16, passed March 27th, 1879. 

Boundary line of School District No. 54 changed. Chapter 356, Volume 16, 
passed Februaiy 25th, 188 1. 

Certain real estate of George W. Sparks, Preston Lea and John C. Corbit trans- 
ferred from District No. 61 to District No. 79. Chapter 357, Volume 16, passed 
March 1st, 1 88 1. 

All of District No. 20^ not included in the nth Ward of the city of Wil- 
mington shall be a portion of School District No. 20. Chapter 374, Volume 16, 
passed April 9th, 1881. 

Certain property in District No. 48 removed. Chapter 49, Volume 15, passed 
March 25th, 1875. 

IN KENT COUNTY. 

Districts Nos. 15, 16, 19, 20, new District No. 46. 
Districts Nos. 2, 4, 9, 10, new District No. 49, 
District No. 27, new District No. 50. 
Districts Nos. 10, 11, 13, 17, new District No. 51. 
Districts Nos. 29, 30, 33, 34, new District No. 52. 
Districts Nos. 24, 25, new District No. 53 — returned as 52. 
District No. 45. Chapter 11, Volume 11, passed February 24th, 1853. 
District No. 31. Chapter 368, Volume ii, passed March ist, 1855. 
Districts Nos. ^;^, 35 and 36. Chapter 274, Volume 11, passed March ist, 1855. 
District No. 25, Chapter 374, Volume ii, passed February 19th, 1857. 
Districts Nos. 40 and 41. Chapter 384, Volume ii, passed February 23d, 1857. 
Districts Nos. 24, 29 and 30. Chapter 427, Volume 1 1, passed March 2d, 
1857. 

Districts Nos. 38, 35 and 30. Chapter 457, Volume 11, passed March 4th, 

1857- ^ 

Districts Nos. 37 and 39. Chapter 460, Volume 11, passed Marcli 4th, 1857. 



In the State of Delaware. 13 

Districti Nos. 3 and 5, Chapter 565, Volume 11, passed February 14th, 1859. 

Districts Nos. 74, 37 and 34. Chapter 50, Volume 14, passed March 6th, 187 1. 

All that district lying between " Old Duck Creek " and the " Delaware Bay," 
known as " Bombay Hook Island," has been created an additional school district 
by Chapter 423, Volume 13, passed February 17th, 1869. 

Certain real estate of Alfred Hudson and John Anthony transferred from Dis- 
trict No. 84 to District No. 2. Chapter 53, Volume 14, passed March 29th, 187 1. 

Certain real estate of Cyrus P. Rodgers transferred from School District No. 
no to United School District Nos. 32, 75, 76 and 78. Chapter 38, Volume 15, 
passed March i6th, 1875. 

Certain real estate of Richbell Allaband transferred from School District No. 
21 to United School District Nos. 113 and ii3j^. Chapter 364, Volume 15, 
passed February 27th, 1877. 

District No. 27 divided. Chapter 368, Volume 15, passed March 19th, 1877. 

District No, 121 dissolved and certain real estate of William H. Dickerson 
transferred to No. 94. Chapter 39, Volume 16, passed March 19th, 1879. 

School District No. 39 divided. Chapter 372, Volume 16, passed April 8th, 



IN SUSSEX COUNTY. 

District No. 25, new District No. 25)^. 

District No. 53, new District No. — . 

District No. 65, new District No. 65)^. 

District No. 73, new District No. 'J2)4- 

District No. 27, new District No. — . 

District No. 49, new District No. 49^. 

Districts Nos. 3, 4, 5, 6, new District No. 79. 

Districts Nos. 36, 40, 41, 43, new District No. 79, really 80. 

District No. 77, new District No. 77^. 

District No. 24, new District No. 24^^. 

Districts Nos. 41, 42, 44, new District No. 42^. 

Districts Nos. 43, 44, new District No. — . 

Districts Nos. 19, 20, 21, 22, new District No, 82. 

Districts Nos. 13, ^^, 52, 63, new District No. 81. 

Districts Nos. 42, 53 and 54. Chapter 10, Volume 1 1, passed January 24th, 1853, 

Districts Nos. 50 and 51. Chapter 48, Volume ii, passed February 21st, 1853. 

Districts Nos. 74 and 75. Chapter 83, Volume 11, passed February 24th, 1853. 

Districts Nos. 54, 62 and 63. Chapter 177, Volume 11, passed February 2d, 
1855. 

Districts Nos. 78 and 3. Chapter 267, Volume 11, passed March 1st, 1855. 

Districts Nos. 48 and 39. Chapter 282, Volume ii, passed March 2d, 1855. 

Districts Nos. 16, 18 and 19. Chapter 328, Volume 11, passed January 29th, 
1857. 

District No. 75. Chapter 363, Volume ii, passed February 17th, 1857. 

Distiict No. 38. Chapter 375, Volume ii, passed February 19th, 1857. 

Districts Nos. 81, 13 and ii. Chapter 382, Volume ii, passed February 20th, 
1857. 

District No. 59. Chapter 387, Volume 11, passed February 23d, 1857. 

Districts Nos. 78, 66, 77 and 77;^. Chapter 402, Volume 11, passed Feb- 
ruary 26tl^ 1857. 



14 Laws Relating to Free Schools 

Section of country between Districts Nos. 30, 31 and 32 made District No. 87. 
Chapter 420, Volume 1 1, passed February 28th, 1857. 

Districts Nos. 102, 69, 109 and 161. Chapter 425, Volume 13, passed March 
i8th, 1869, and revived by Chapter 52, Volume 14. 

William Adams, Henry Adams and George Adams changed from District No. 
168 to District No. 50, by Chapter 181, Volume 14, passed March 23d, 1 87 1. 

District No. 57. Chapter 398, Volume 14, passed March 13th, 1873. 

Certain real estate of Isaac G. Phillips transferred from School District No. 1 68 - 
to School District No. 50. Chapter 36, Volume 15, passed January 27th, 1875. 

Certain real estate of John A. Nicholson, G. W. S. Nicholson, Henry Q. Nich- 
olson and L. W. Muse transferred from School District No. 76 to School District 
No. 72. Chapter 39, Volume 15, passed March 17th, 1875. 

United School District Nos. 46 and 133 enlarged by taking certain real estate 
from District No. 60. Chapter 40, Volume 15, passed February loth, 1875. 

Districts Nos. 109, 68 and 158. Chapter 360, Volume 15, passed February 1st, 
1877. 

Certain real estate of George W. Horsey transferred from School District No. 
46 to No. 51. Chapter 363, Volume 15, passed P'ebruary 26th, 1877. 

Certain real estate of Robert Lambden transferred from School Districts Nos. 
45 and 83 to United School Districts Nos. 44 and 150. Chapter 29, Volume 16, 
passed February 3th, 1879. 

Certain real estate of Mrs. A. G. Woodruff transferred from School District No. 
75 to District No. 91. Chapter 31, Volume 16, passed March 5th, 1879. 

Certain real estate of R. E. Deimer transferred from School District No. 75 to 
No. 91. Chapter 34, Volume 16, passed March nth, 1879. 

Districts Nos. 56 and 162 consolidated and numbered 56, with power to draw 
only one dividend. Chapter 35, Volume 16, passed March 12th, 1879, 

Certain real estate of Daniel Short transferred from District No. 94 to District 
No. 122. Chapter 41, Volume 16, March 21st, 1879. 

Certain real estate of Samuel Kinney and Samuel Kinney, Jr., transferred from 
School District No. 48 to No. 148. Chapter 42, Volume 16, passed March 25th, 

1879. 

Certain real estate of William C. Hern and Edward R. Hern transferred from 
School District No. 126 to No. 38. Chapter 44, Volume 16, passed March 28th, 

1879. 

Certain real estate of Cyrus Q. Fooks, Daniel Short and others, transferred from 
School District No. 42 to No. 122. Chapter 363, Volume 16, passed March 24th, 
1881. 

ARTICLE V. 

UNION OF SCHOOL DISTRICTS. 

R. c. Chap. 42, Two or morc school districts, in any county, may unite for estab- 

Sec. 8. 

lishing and supporting a free school for their common benefit ; and 
such districts, when united, shall be one district by the name of 
Name of united <' United School District Nos. , in County." 

district. 

The manner of forming a union of districts shall be this 1 



In the State of Delaware. 15 

1. Notice shall be given in each district which it is proposed to Notice 10 unite. 
unite, as required for stated meetings in the several districts. 

2. At the meeting, thus called in each district, if two-thirds of the Votes necessarj- 

to a union. 

voters present are in favor of the union, a committee of three of such Appointment of 

committee to 

voters shall be appointed to arrange the terms, and the meeting may arrange terms 

be adjourned to hear their report ; if a majority of them agree upon a 

union with any other district, or districts, and settle the terms thereof, 

the same shall be reported to an adjourned meeting, and if such report Report of com- 

mittee. 

shall be adopted by two-thirds of the voters present, it shall oe obliga- 
tory, 'and the districts mentioned shall be united : provided like pro- proviso, 
ceedings be had in all the said districts ; but if, in either district, the 
report be not adopted by a vote of two-thirds, this shall not defeat the 
union between the other districts so adopting it; they shall be united 
and the other shall be excluded. 

3. A meeting of the united district shall then be held at the time First meeting of 

united districts. 

and place fixed by the terms of the union. At this meeting a school Business of. 
committee for the united school district shall be chosen, and a vote 
may be passed to raise money by contribution, but not by tax. This 
meeting shall also inquire into the proceedings preparatory to the union 
of the districts ; and its determination thereupon shall be conclusive. 

United school districts shall have the same powers and exercise them r. c. chap. 42, 
in the same manner as original districts. The power of taxadon shall Powers of united 
extend to the amount that could lawfully be raised by tax in the several 
districts composing such united district if acting separately. [But 
United School Districts Nos. 23 and 75, in New Castle County, may, Districts Nos. 23 
so long as they remain united, raise, by taxation, one thousand dollars may feVy "tax- of' 

$1000 annually. 

annually ; and if they disunite and become separate districts, each of 
the said districts may raise, by taxation, five hundred dollars annually.] 
The union of districts shall not affect the account of the Trustee of the 
School Fund ; but dividends of the income of the fund shall be ap- United district 

entitled to divi- 

portioned and credited to the original districts, as before the union: dends of the 

^ o ' ;> several districts 

and all sums placed to the credit of the several districts, of which the °Q^pJ^^j" '^ 
union is formed, shall be paid upon the order of the school committee 
of the united district, and applied to the use of such district, upon 
their showing that a sum has been raised sufficient to entitle these 
•several districts to draw their dividends. 



1 6 Laws Relating to Free Schools 

Place of meeting The placc of meeting of school voters of an united district shall be 

of the school 

voters. the school hoiise of the district ; or, if there be none, then one at the 

school house mentioned in the notices, which shall conform to any 
standing order of the school voters. 

Proposal to have A proDOsal to havc Several school houses in an united district may 

several school 

tinite? d?st^rict ^^ brought bcforc a regular meeting of the school voters by inserting 
it in the notices of such meeting. If such proposal is made, the Sec- 
retary shall inquire concerning the regularity of the notice, and make 
a minute of the facts. If it be carried, the school committee shall 
have power to execute it. 

R. c. Chap. 42, The respective school committees of adjoining districts shall have 
Joint primary power to make sudh arrangements, in establishing a school for small 

schools. 00 

fChap. 40, children over sixt years old, for the joint benefit of such adjoining dis- 
tricts, as they may deem proper. 

[For consolidation, or re-districting, by Superintendent, see Article 
T, page 5.] 

The following are the districts which have been consolidated, with 
corporate powers, by acts of Assembly : 

School Districts Nos. 8, 12, 93 and 160, in Sussex county, incorporated under 
the name of the " Milton Academy." Chapter 484, Volume 13, passed April 7th, 
1869; amended by Chapter 370, Volume 15, passed February 7th, 1877. 

School Districts Nos. 70, 102, 70^ and 102, in Sussex county, incorporated 
under the name of the " Seaford Public Schools." Chapter 45, Volume 15, passed 
March 17th, 1875; amended by Chapter 362, Volume 15, passed February i6th, 

1877. 

School Di-stricts Nos. 52 and 76, in New Castle county, incorporated under the 
name of the "Delaware City Public Schools." Chapter 52, Volume 15, passed 
March 4th, 1875. 

School Districts Nos. 14, 15, no and 112, in Sussex county, incorporated under 
the name of the "Board of Public Education for the Town of Lewes." Chapter 
53, Volume 15, passed March 19th, 1875 ; amended by Chapter 372, Volume 15, 
passed March 23d, 1877. 

School Districts embraced in the limits of the city of New Castle, New Castle 
county, incorporated under the name of the " Board of Public Education for the 
City of New Castle." Chapter 54, Volume 15, passed March loth, 1875. 

School Districts Nos. 60 and 94, in New Castle county, incorporated under the 
name of the " Middletown Schools." Chapter 357, Volume 15, passed January 
29th, 1877; amended by Chapter 359, same volume. 

School Districts Nos. 6 and 95, in Kent county, consolidated and called Dis- 
trict No. 6. Chapter 361, Volume 15, passed February 9th, 1877. 




In the State of Delaware. 17 

School Districts Nos. 65 and 66, and United School Districts Nos. 42, 43, 68 
and 70, in Kent county, consolidated under the name of " The Public Schools of 
Milford, Kent county." Chapter 365, Volume 15, passed March 8th, 1877. 

School Districts Nos. 50 and 108, in Kent county, consolidated under the name 
of " The Magnolia Public Schools." Chapter 367, Volume 15, passed March 
I2th, 1877. 

School Districts Nos. 18, 60, 90, 91, 92 and loi, in Kent county, incorporated 
under the name of "The Board of Education of the Dover Public Schools." 
Chapter 371, Volume 15, passed February 26th, 1877. 

School Districts Nos. 56 and 162, in Sussex county, consolidated into one school 
district and called No. 56. Chapter 35, Volume 16, passed March 12th, 1879. 

School Districts Nos. 27 and 122, in Kent county, consolidated into one school 
district under the name of the " Lebanon Public Schools." Chapter 38, Volume 
16, passed March 9th, 1879. 

School Districts Nos. 32 and 108, in Sussex county, consolidated under the 
name of " The Selbyville Public Schools." Chapter 358, Volume 16, passed 
March 8th, 1881 ; supplemented by Chapter 367, Volume 16, passed March 31st, 
1881. 

School Districts Nos, 152 and 80, in Sussex county, consolidated under the 
name of " The Lowe's X Roads Public Schools." Chapter 360, Volume 16, 
passed March i6th, 1881 ; supplemented by Chapter 368, Volume 16, passed 
March 31st, 1881. 

School Districts Nos. 26 and 112, in Kent county, united into one school district 
under the title of "The Canterbury Public Schools." Chapter 364, Volume 16, 
passed March 25th, 1881. 

School Districts Nos. 67, 96, 106 and 107, in Sussex county, united under the 
name of " The Board of Commissioners of the Public Schools of Georgetown, 
Sussex County." Chapter 365, Volume 16, passed March 29th, 1881. 

United School District Nos. 3 and 77, and United School District Nos. 5 and 
107, in Kent county, united under the name of the " Smyrna Public Schools." 
Chapter 366, Volume 16, passed March 30th, 1881. 

The Wilmington Districts, consisting of Nos. 3, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 
and 19, in New Castle county, were consolidated by the following acts, viz : "An 
act for the benefit of public schools in Wilmington," passed at Dover, February 
9th, 1852 ; "An act to amend the act for the benefit of public schools in Wilming- 
ton," passed at Dover, January 20th, 1853; "A supplement to the act for the 
benefit of public schools in Wilmington," passed at Dover, February loth, 1855 ; 
"An act to amend the act for the benefit of public schools in Wilmington," passed 
at Dover, March 3d, 1857; "A further supplement to the act for the benefit of 
pubHc schools in Wilmington," passed at Dover, February 25th, 1859; "An act 
in addition to the act for the benefit of public schools in Wilmington," passed at 
Dover, February nth, 1863 ; "An act in further addition to the act for the benefit 
of public schools in Wilmington," passed at Dover, January 22d, 1869; "An act 
to amend the further supplement, passed at Dover, February 24th, 1869, to the 
act entitled 'An act to amend Chapter 73 of the Revised Statutes,' " passed at 
Dover, March 30th, 1869; "An additional supplement to the act entitled *An 
act for the benefit of public schools in Wilmington,' " passed at Dover, February 
24th, 1871 ; "A further supplement to the act for the benefit of public schools in 
Wilmington," passed at Dover, February 24th, 187 1 ; "A further supplement to 
(he act for the benefit of public schools in Wilmington," passed at Dover, April 

3 



1 8 Laws Relating to Free Schools 

8th, 1873 ; "An act to annex, for school purposes. School District No. 19, in New 
Castle county, to the city of Wilmington," passed at Dover, March loth, 1875; 
.-'An act to amend an act entitled 'An additional supplement to the act entitled 'An 
act for the benefit of public schools in Wilmington,' ' " passed at Dover, March 22d, 
1877 ; "A further supplement to an act entitled 'An act to amend an act entitled 
'An additional supplement to the act entitled 'An act for the benefit of public 
schools in Wilmington,' ' " passed at Dover, March 6th, 1879; "An act to further 
amend the charter of the city of Wilmington, Section 13 thereof," passed at 
Dover, April ist, 1869 ; "An act in relation to taxation in certain parts of the city 
of Wilmington," passed at Dover, March 15th, 1877; "A further supplement to 
the act entitled 'An act to limit the city debt of Wilmington and to provide for 
the discharge thereof,'" passed at Dover, March 20th, 1877; "A further supple- 
ment to an act entitled 'An act to amend an act entitled 'An additional supplement 
to the act entitled 'An act for the benefit of the public schools of Wilmington,' " " 
passed at Dover, March 6th, 1879; "A further supplement to the act for the 
benefit of public schools in Wilmington," passed at Dover, April 8th, 188 1. 

ARTICLE VI. 

STATED MEETINGS. 

R. c. Chap. 42, The school voters in each district shall hold a stated meeting every 

Stated annual Y^ar, on the first Saturday of April, at two o'clock in the afternoon, at 

the place appointed by the Levy Court, until there shall be a school 

house for the district, and then at such school house ; the meeting shall 

Meeting kept bc kept opcn at least one hour. [Except School District No. 8, in 

open one hour. 

Exception. New Castlc county — the hour for holding the annual meeting therein 
^^'16.' °' is from 45^ o'clock to 6 o'clock, P. M.] 

Every person residing within the district and having right to vote 
school vote°r" ° for Representatives in the General Assembly, I and having paid his 
391, Sec. I. ^^' school tax for the preceding year, shall be a school voter of said 
district. 

And if any person, not being so qualified, shall vote at any meeting 
Penalty for iUe- of school voters therein, he shall be deemed guilty of a misdemeanor, 

gal voting. 

and shall be fined fifteen dollars. 



Quorum of x\ny number of voters present may proceed to business, and their 

acts shall be valid. 



voters. 



Chairman and They shall appoint a chairman and secretary, and then elect by 

secretary elected 

tchap. 138, Sec. ballot, by a majority of votes from the school voters,f at every annual 

2, Vol. 13. 

One member of meeting, one member of the school committee to serve for the term of 

committee elect- i 11 i 

ed by ballot for three ycars as a successor to the member whose term shall at that 

3 years. 

time expire, [according to Chapter 138, Volume 13,] and shall 



In the State of Delaware.. 19 

likewise elect to fill all vacancies or unexpired terms occasioned by Vacancies to be 

filled at stated 

death, or otherwise, of any member of said committees. meetings. 

The school voters shall then resolve, by a majority of votes, what ^- ^g^^.^^'P- '^'^' 
sum shall be raised in said district for a school house or a free school Resolution to 

raise money. 

therein. They shall then proceed to vote by ballot respecting a tax ; J°^\^y ^^''""^ 

and if a majority of the votes be "for a tax,'' the sum so resolved to 

be raised may be levied by taxation. If the majority of the votes be 

'' againsi a tax,'' the sum so resolved to be raised may be raised by ^" "J J^^^^Y^^^^^ 

, . . by subscription. 

subscription. 

When a majority of the voters of any school district, at their annual ^^^PyJi°'j2^'^- ^' 
meeting in April, wish to raise by tax more than the amount provided Larger sum for 

o r ^ J r school may be 

for in Article XI, for the support of a free school in their district, they ^^^^^^ eJceed" 
shall resolve, by -a majority of votes, what sum shall be raised for that 
purpose : provided said sum does not exceed the sum of four hundred 
dollars, exclusive of the amount provided by Article XL 

When a majority of the voters of any school district, at their annual chap, ^o, Sec. 3, 

•' Vol. 12. 

meeting in April, wish to raise by tax any sum of money not exceeding Money for school 
five hundred dollars, for the purpose of building or repairing a school J^^^^^^ exceed" 
house in their district, they shall resolve by a majority of votes what ^^°°' 
sum shall be raised in said district for that purpose. 

No vote respecting a tax shall be taken at any other time than the R. c. chap. 42, 

Sec. 3. 

stated annual meeting, or the substitute therefor. Any district, upon Any district 

• • .1 r 1 1 J J J 11 • \ • raising $300 may 

raising the sum ot three hunared dollars m any year, by tax, may, in raise, by quar- 
terly apportion- 

addidon thereto, levy such further sum as may be required for a good ™^"':' °" persons 

^ -' ' T. o sending scholars, 

school therein, by quarterly apportionment, in the discretion of the be'^J'equi^ed^for^a 

committee, on the persons sending scholars to such school, unless a 

majority of the voters, at the stated annual meeting, direct otherwise. 

The sums so apportioned may be collected in the same manner that 

the school taxes are collected, and the collector and his sureties shall 

be liable, on his bond, for the same, as for taxes. 

A stated meeting, after appointing a chairman and secretary, may when a stated 

meeting may 

adjourn ; and the proceedings of the adjourned meeting shall be of the a^Joum. 
same nature and force, except as to a tax, as if had at the original 
meeting. 

If the annual stated meeting shall not be held in any district, or if 



20 Laws Relating to Free Schools 

^' *ijeP^^" "^"'^^^ school committee shall not then be appointed, or a resolution to| 
Failure to hold j-^ise monev passed, the district shall not thereby lose the power to 

annual meeting. ^ ± - . j i 

Other meetings procecd, but meetings, adjourned, occasional, or stated, may be held; 

may be held. 

and if there be no clerk, or commissioner, of the district to give notice 
of a stated meeting, it shall be given by the Clerk of the Peace, on 
application of five or more of the school voters of such district, by 
advertisements, posted as required for other stated meetings, 

R. c. Chap. 42, The school committee of each district, elected as aforesaid, shall 
continue in office until successors to them are duly elected. 

Vacancies in Vacancies in the committee may be filled at any adjourned or occa- 

committee, how 

fi^ed. sional meetinsr. Each of the committee shall be sworn or affirmed to 

1 o be sworn or ^ 

affirmed. perform his duty with fidelity. 

ARTICLE VIL 

OCCASIONAL MEETINGS. • 

R. c. Chap. 42, Occasional meetings of the school voters of a district may be called 

Sec. 5. ° 

Occasional meet- by the school comHiittee, by advertisement stating the business of the 

ings, how called. 

Place. meeting, and posted as required for stated meetings. They must be 

held at the place where the stated meetings are held. 
Quorum present Any number of the school voters, met pursuant to such call, may 

necessary to act. ■' ^ •' 

appoint a chairman and secretary, and transact any business mentioned 
Duty of secre- in the advertiscmcnts, but no other. The secretary shall make a note 

tary. ^ 

of the business mentioned in the advertisements, and where and when 

they were posted. These entries shall be conclusive, unless proved 

Penalty for fraudulent I and the making a fraudulent entry shall be a misdemeanor, 

fraudulent entry. ^ o j 

punishable by fine not exceeding one hundred dollars. 
ARTICLE VIII. 

RETURNS. 

R. c. Chap. 42, Two certificates of the proceedings of every meeting of school 
Return of pro- voters shall bc made and signed by the chairman and secretary ; one 

ceedings of 

school voters. sj^^U be delivered to the clerk of the district, the other to the Clerk of 
When made, by the Peacc of the county, to be kept as a public record. If the chair- 

whom. 

man, or secretary, shall neglect his duty in this respect, for the space 
Penalty for neg- of One month, he sliall be deemed guilty of a misdemeanor, and be 

lect, ;^5o. 

fined fifty dollars. 

If the certificates be not so delivered within one nionth, the pro- 



In the State of Delaware. 21 

ceedings of the meeting shall be void ; and the school committee in Pjpj^ee'^'^ss 
office, next before such meetincr, shall continue in office, so far as to who may call 

' *-" ' another meetiiij^. 

call another meeting, and shall proceed to do so, by advertisements, 
posted as required for stated meetings. A statement that the proceed- 
ings of the last meeting have not been duly returned, shall be a suf- 
ficient statement of the business; and at a meeting so called, the 
school voters shall have power to do any act which they could do at Power of such 

meeting. 

the preceding meeting ; and the meeting shall be regulated by the law 
applicable to the preceding meeting, and shall be a substitute therefor. 

ARTICLE IX. 

GENERAL POWERS AND DUTIES OF COMMISSIONERS AND CLERKS. 

Tlie powers and duties of school committees shall be : ^- ^e^^^^^ '^^' 

1. To determine the site; lease or purchase the necessary ground, Duties and pow- 

ers of committee. 

and build or procure a suitable house for the district. The school Location of 

school bouse. 

house shall be as near the centre of the district as practicable ; when 

it is built, or procured, it shall not be removed, nor another procured, School house, 

when moved. 

without the direction of the school voters at a stated meeting. 

2 . To keep the school house in good repair, and supply it with To be kept in 
necessary furniture and fuel; to bring actions, if necessary, for any 

injury to it. 

3. To provide a school for the district, when, and as long as their R. c. Chap. 42, 

Sec. II. 

funds will enable them ; and to employ teachers. They shall employ Employment oi 

teachers. 

no teacher whom they shall not have just ground to believe to be of Qualifications of 

teachers. 

good moral character, and well qualified to teach reading, writing, 

arithmetic, and English grammar, and such other branches of knowl- See. 9, Chap. 46, 

Vol. 16. 

edge as they may deem necessary to be taught in their district, and persons not 

holding certifi- 

who does not hold a certificate from the State Superintendent. And cates shall not be 

employed. 

any one so employed shall receive no compensation whatever; but 

the Superintendent may issue temporary permits to teach for a period Temporary 

permits. 

not exceeding thirty days, when, in his judgment, the interests of 

education require it. ^They may employ a female teacher when and Female teachers. 

for such parts of the year as they may deem best to do so. They may 

dismiss a teacher. They may make regulations for the government of Committee may 

the school, and by these may provide for the expulsion of a scholar g^J^j""'^"' °^ 

for obstinate misbehavior. The school shall be free to all the white 

children of the district, over six years old. 



2 2 Laws Relating to Free Schools 

Funds of district. 4. To reccive and collect all money belonging to, appropriated, or 

resolved to be raised for the district, and to apply the same justly. 
To appoint col- 5. To appoint collcctors for the district, and take security, by bond, 

lectors. 

which may be in this form : 

Bond, form of. " KnOW ALL MEN BY THESE PRESENTS, That We, , are 

firmly bound, jointly and severally, to School District No. , in 

county, in the sum of , to be paid to said school district ; 



sealed with our seals and dated the day of , i8 . 

The condition of the above written obligation is such, that if the said 

— : — , who is collector of the school district aforesaid, shall well 

and faithfully execute said office and perform all his duties as such 
collector, the7t the said obligatioft shall be void. ' ' 
6. To do all acts requisite for effecting the premises. 
Quorum of com- Thc acts of a majority of the school committees shall be as effectual, 

mittee may act. 

in all cases, as if done by them all. 
R. c. Chap. 42, It shall be the duty of the school committee to post two copies of 

Sec. 19. 

Committee to the account settled, as required by Article XV, in public places of 

post two copies 

of the account, the district, within ten days after the settlement ; and if they neglect 



Penalty. 



this duty, they shall forfeit and pay to the district ten dollars. 



R. c. Chap. 42, The school committee shall, annually, at the stated meeting, exhibit 

Sec. 20. 

Committee re- a just account of their receipts and expenditures and a report of all 

port to stated 

meeting. their proceedings. The meeting may appoint persons to settle said 

Committee to account. The said committee shall pay to their successors in office all 

pay over money 

to successors, moncy duc from them, and if they neglect to do so for ten days, they 
shall forfeit and pay, additionally, the rate of twenty-five per cent, on 
the sum due. 

Allowance of The committce shall receive no emolument ; but for attendance 

before the Auditor, they shall be allowed, in their account, each one 
dollar per day, and three cents per mile of necessary travel. 

R. c. Chap. 42. It shall be the duty of the clerk of the district to give notice of the 

Sec. 4. 

Notice of stated Stated meetings, by advertisements, under hand, of the day, hour and 

meetings. 

place thereof, posted in five or more public places of the district, at 
Penalty for neg- Icast five days bcforc the meeting ; and if he neglects this duty, he 

lect ^10. 

shall forfeit and pay to the district ten dollars ; but the want of such 
Commissioners notice shall not make the acts of the meeting void. If there be no 

to give notice , , , . . 1 ,, • 1 • 1 , 1 

when no clerk, clcrk, the commissioncrs shall give the notice under the same penalty. 



In the State of Delaware. 23 

The clerk of the district shall keep a record book of the district, in r. c. chap. 42, 

Sec. 21. 

which he shall enter its bounds and description and any changes Record book of 

district— what 

therein, a copy of the certificate of the proceedings of every meeting to contain, 
of the school voters, the proceedings of the school committee, and the 
names of the scholars attending the school, a list of whom shall be 
furnished by the teachers. This book shall be evidence. He shall 
also keep all papers belonging to the district, or to the committee. 

It shall be the duty of the clerk of each school district to distrib- Sec. 6, chap. 

^ ^ 369, Vol. 16. 

ute the books received from the State Superintendent, as aforesaid. Distribution of 

school books 

to the scholars of the district, or their parents, guardian, or other ^y '^•^'"'^s. 

person, as they may desire, upon the receipt of the price for the same. How paid for. 

which shall be forwarded by him to the State Superintendent within 

thirty days thereafter. The clerk of each district shall be responsible 

for the safe keeping of the books furnished him by the Superintendent safe keeping of 

books. 

as aforesaid, and also for the price of the books sold to parents, guar- 
dians, scholars, or other persons. Any money, or the value of the Remedy for 

default in clerks. 

books which such clerk may fail to account for, according to law, may 

be recovered in the name of the State by the State Superintendent, 

before a Justice of the Peace, as other accounts, when the amount 

does not exceed the sum of one hundred dollars. Such clerk shall Report of clerk. 

also make a report to the State Treasurer quarterly of the number of 

books, and their kind and price, supplied by the State Superintendent 

as aforesaid, and at the expiration of his term of office shall turn over 

to his successor in office all the books on hand and take a receipt for 

the same, which shall be his voucher in settlement. 

ARTICLE X. 

TEACHERS. 

It shall be the duty of every teacher employed under the provisions Sec. 12, chap. 

46, Vol. 16. 

of this act to make out and hand to the commissioners of the district, Quarterly 

reports. 

at the end of each quarter, a report, setting forth the whole number what to contain. 

of pupils attending school during the quarter, designating whether 

male or female, the number of days each has attended, the books used 

and branches taught ; and until such report shall have been made, it ^vhen teacher's 

salar>' shall be 

shall not be lawful for the commissioners to pay such teacher his or her ^''^heid. 
Salary. The reports made in pursuance of the previous provision shall 



24 



Laws Relating to Free Schools 



When reports bc foFwarded aiinually, in the month of April, by the clerks of the 

shall be for- 
warded to the several districts, to the State Superintendent. 

bupenntendent. '■ 



Chap. 369, Vol. 
16. 



The time during which each teacher shall be in attendance upon the 
Time for attend- institute shall not be deducted from his or her period of service as 

ance upon insti- ■, ^ ^ • . r t • 

tutes not to be teachcr by the commissioners 01 any district. 

deducted. 



ARTICLE XI. 



ASSESSMENTS. 



R. C. Chap 42, 

Sec. 12. 
Assessment, 
how made. 
Polls. 



Chattels. 

Rental value of 
lands. 

Chap. 46, Vol. 15. 
Personal proper- 
ty liable to taxa- 
tion for school 
purposes. 
Shall be assessed 
only where 
actually located. 
Duties of school 
committees 
relative thereto. 



Property to be 
viewed person- 
ally. 



Proviso. 



It shail be the duty of the school committees of the several school 
districts to make assessment lists for their respective districts. Such 
lists shall consist of the rates of persons of all the white male inhabit- 
ants of the district over twenty-one years old ; of the rates of the 
personal property of all the white inhabitants of the district; and of 
the clear rental value of all the assessable real estate within the district 
owned by white persons. The personal property of all white persons 
now subject to tax for school purposes in the school districts shall be 
liable to assessment and tax for school purposes in the school district 
only in which it is actually located ; and it shall be the duty of the 
school committees of the several school districts within the limits of 
this State, making the assessment lists for their respective districts, to 
place thereon the rates of the personal property now subject to tax for 
school purposes in the school district in which it has an actual location 
only, irrespective of the residence of the owners thereof. The 
school committees of the several school districts within this State shall 
not take the rates of personal property from the assessment list of the 
hundred in which it stands assessed at the time, but shall fix the rates 
of personal property for their respective school districts upon personal 
view thereof, or other sufficient information of the owners or persons 
having control of the same. The said school committees, in making 
the assessment lists for their respective school districts, shall adopt and 
use as a guide the assessment list of the hundred in which their dis- 
tricts may be situated, so far as it may be practicable. The assessment 
list of each school district aforesaid, shall only include the personal 
property actually located therein : provided that no property shall be 
assessed for school purposes, under the provisions of this act, which is 
exempted from taxation for county purposes. They shall assess the 



In the State of Delaware. 25 

clear rental value beyond reprises of all the assessable real estate in 

the district, and make out a list of the names of the persons assessed Lists of names 

of pers'jiis as- 

in alphabetical order, the rates of persons,* and of personal property, sessed. 

number of acres or other description of real estate, and the clear rental 

value thereof. When the line between two districts crosses the lands when line be- 
tween two dis- 
of any person occupied in one body, the whole of such lands shall be ficts crosses 

•' ^ ^ ■' lands of any 

assessed in the district where the dwelling-house is, and no part in the^^"^""- 
other : provided that any tenant residing on such lands, in an adjoin- Chap. 370, 

Vol. 16. 

ing district, shall, at his election, communicated in writing to the 
school committee of such adjoining district, at any time prior to the 
completing of the assessment list, be only assessed, and have school 
privileges, in the district in which such tenant resides. 

It shall be the duty of the school commissioners in each of the Scc. 8 chap. 

^ 369, V^l. 16. 

school districts of the State, annually, in the month of April, to assess Amount of tax to 

he levied without 

and levy, without regard to any vote thereon, in each of their respec- regard to vote 
tive districts, that is to say: in each of the school districts in New Castle 
county, the sum of one hundred and fifty dollars; in each of the 
school districts of Kent county, the sum of one hundred and twenty- 
five dollars ; and in each of the school districts in Sussex county, the 
sum of sixty dollars, to be applied to the support of the schools of 
their districts respectively. 

A copy of the assessment list shall be posted in some public and r. c. chap. 42, 
suitable place of the district for inspection ; and the committee shall, copy of assess- 

11- • 1 /- 11-1 ment list to be 

by advertisement m at least five public places in the district, give notice posted. 
that said list is posted, and where ; and of the day, hour and place Notice of it. 
(not less than five days thereafter), of their sitting to hear objections to Notice of time 
it. Upon such hearing they shall make all just corrections, and add appeal. 
anything omitted, but they shall not alter a rate taken from the assess- Corrections of 

list. 

ment list of a hundred [with regard to the rates of persons.] They 
may adjourn if necessary. 

The list, when settled, shall be conclusive, and shall stand until the k. c. chap. 4^, 

Sec. 12. 

next assessment in the district, when a new list shall be made for each List when set- 
tied shall be 
school district. • conclusive. 



*It appears that the commissioners of School District No. 53, in New Ca.stle 
Coimty, are authorized to increase the capitation or ])oll assessment in said district 
sufficient l(j raise the difference between $550 and ;^700, l>y Chapter 406, Volume 
14, i>assed April 1st, 1S73. 



26 Laws Relating to Free Schools 

Proceedings of The proceedings of the committee in making an assessment Hst shall 

committee not to 

but^or^fraud'^ ^^^ ^^ qucstioncd, except for fraud, or corruption. 

Vol. 12, ciiap. The several school committees elected shall, annually, on oath or 

296, Sec. 2. 

School commit- affirmation, revise and adjust the assessments of rental values in their 

tee to revise the 

assessment of respcctivc districts, SO as to make them bear a due proportion to each 

rental values ^ ^ ^ 

annually. Other, having respect to their productiveness to their several owners. 

Vol 12, Chap. As soon as said assessments have been so adjusted, it shall be the 

296, Sec. 3. 

Non-residents to duty of the clcrks of the several districts to direct a letter to the ad- 
be notified by 

clerk of district drcss of cach non-rcsidcnt, whose rental valuation has been assessed in 

of time and 

place of appeal, ^^^y district. Stating the amount of his or her rental valuation in any of 
said districts, and the day and hour when the school committee will 
sit as a Court of Appeal to hear any objections that may be made to 
said assessment. 

The following are the districts which are authorized to raise a sum 
of money in excess of the amount which each district is required to 
raise : 

Chap. 552, Sec. School District No. 3, in New Castle county, may raise, annually, by tax, 3500 
I. o . II. ^^j. ^^^ support of schools in said district. 

Chap. 419, Vol. School District No. 19, in New Ca.stle county, may raise, annually, by tax, 
^600 for the support of schools in said district. 

Chap. 140, Vol. The Committee of School District No. 21, in New Castle county, are authorized, 
^^' directed and empowered to mortgage the two-story brick school house belonging 

to said district and the lot or piece of ground appurtenant thereto for a sum not 
exceeding ($2000) two thousand dollars, payable in yearly installments of (^400^ 
four hundred dollars each, on the first day of March in each year, together with 
lawful interest for the same. The said commissioners and their successors in 
office are authorized, directed and required to levy, yearly (in addition to the tax 
for carrying on the school directed to be levied at the stated meeting), the said 
sum of four hundred dollars, together with the amount necessary to pay the in- 
terest on said mortgage and the expenses of collecting said tax, and pay the same 
to the mortgagee, his heirs and assigns, as the same may become due and payable 
according to the terms of said mortgage. 

Chap. 142, Vol. School District No. 53, in New Castle county, may raise, by taxation, yearly, 
^3- $400 for the support of schools in said. district. 

Chaps. 427 and School Districts Nos. 8 and 20, in New Castle county, each may raise, by taxa- 
42 , o . 13. jiyj^^ annually, any amount not exceeding ^600 for the support of the public 
schools therein. 

Chaps. 429 and School Districts Nos. 91 and 29, in New Castle county, each authorized to 

430, Vol. 13. borrow a sum of money not exceeding $1500, on mortgage of the school house 

and ground appurtenant thereto, payable in three equal annual installments ; and 



In the State of Delaware. 27 

the commissioners of said districts authorized to levy and collect, yearly, in addi- 
tion to the tax for carrying on the school therein, such sum as shall be necessary 
to meet said annual payments. 

School District No. 20j^, in New Castle county, authorized to mortgage the Chap. 431, Vol. 
school property therein on such conditions as the commissioners may consider 
most conducive to the interest of said district. 

School District No. 78, in New Castle county, may raise, annually, by taxation. Chap. 44, Vol. 
any amount not exceeding $1500 for the support of a free school in said district. ^'^" 

School District No. 67, in New Castle county, authorized to raise, by taxation, Chap. 45, Vol. 
any amount not exceeding $600 for the support of free schools in said distnct. 

United School District Nos. 1 1 and 81, in Kent county, may raise by taxation, Chap. 47, Vol. 
annually, $500, in addition to the amount now authorized by law, for the support 
of a free school in said district. 

School Di.strict No. 93, in New Castle county, may raise by taxation, annually. Chap. 51, Vol. 
the sum of $600 for the support of the public school. 

School District No. 40, in New Ca.stle county, authorized to raise $1500 for the Chap. 395, Vol. 
procurement of a lot of ground and the erection of a school house thereon. 

School Di.strict No. 63, in New Castle county, authorized to borrow a sum not Chap. 396, Vol. 
exceeding ^2000 for the purpose of erecting a school house and furnishing the same. ^'^' 

.Schools of the town of New Castle authorized to raise such sums as the Com- chap. 397, Vol, 
mittee on Education shall direct, not to exceed ^3000 annually. ^^' 

United vSchool District Nos. 23 and 75, in New Castle county, may raise by Chap. 400, Vol. 
taxation, annually, any amount not exceeding ^1500. ^'^' 

School District No. 91, in New Castle county, authorized to raise, yearly, for Chap. 401, Vol. 
two consecutive years, ^300 to liquidate the debt due on school house — 1873. ^^ 

School District No. 94, in New Castle county, authorized to borrow any sum of chap. 402, Vol. 
money not exceeding ^2500 for the purpose of erecting and furnishing a new ^'^' 

school house in said district — 1873. 

School District No. 21, in New Castle county, may raise, annually, by taxation. Chap. 403, Vol. 
any .sum not exceeding ^1000 for the support of public schools. ^'^' 

School District No. 94, in New Castle county, may raise by taxation, annually. Chap. 404, Vol. 
;55500 for the .support of public schools. ^'^' 

United School District Nos. 3 and 77, and United School District Nos. 5 and Chap. 405, Vol. 
107, in Kent county, may each raise by taxation, annually, any sum not exceeding ^^' 

^600, subject to the vote of the school voters therein. 

School District No. 53, in New Castle county, may raise by taxation, annually, Chap. 406, Vol. 
^700 for the support of the school, and the commissioners empowered to increase ^'*' 

the capitation tax. 

School District No. 72, in Sussex county, may raise, annually, i)y taxation ^150 Chap. 43, Vol. 
in lieu of the amount required to be raised by law for support of a free school; ^^' 

and may raise any .sum not exceeding ^400, if the school voters therein shall so 
determine. 

United School District Nos. 39 and 41, may raise, annually, by taxation ^looo Chap. 44, Vol. 
for the support of a graded school. 

School District No. 91, in Sussex county, may raise by taxation, annually, ^^looChap. 37, Vol. 
for school purposes. 



28 Laws Relating to Free Schools 

ARTICLE XIL 

LEVY AND COLLECTION OF TAXES. 

R. c. Chap. 42, Upon the completion of the assessment and levy of the school tax 

Sec. 13. 

,Chap. 354, Vol. in the school districts in this State by the respective school committees, 

16. 

Taxes, how provided for in Article XI, they shall determine the rate on every 

levied. 

hundred dollars of the amount of the assessment list required to raise 
the sum levied with ten per centum added thereto for delinquencies 
and costs of collection. After determining the rate as aforesaid, it 
shall and may be lawful for said school committees to accept and re- 
ceive the tax of each and every person liable to pay the same who 
shall tender the payment thereof before the tenth day of May in the 
year in which said tax shall be levied, and the committees shall allow 
to fvery person so paying their tax within said time an abatement 
of eight per cent, upon said tax. 

Chap. 354, Vol. It shall be the duty of the school committee in the several school 
16. 

districts aforesaid, on the tenth day of May in each year, or as soon 

Delivery of thereafter as practicable, to execute and deliver their warrant, with 

duplicate of un- 
to colk^to?^^^ duplicate of the uncollected assessment list, to a collector specially 

appointed by said school committee, or to the collector of county taxes 

for the hundred in which such school district may be situated, and the 

said collector shall be and he is hereby required to accept the same 

Powers of col- and collect the taxes thereon assessed. To execute the said warrant 

lector. 

R. c. Chap. 42, the said collector shall proceed in the manner and have all powers of 
a collector of county rates. 

The warrant may be in this form : 

Form of warrant. Couuty , School District No. ss. 

The State of Delaware : To the Collector of 



We command you to collect from the respective persons fiamed in 

the annexed duplicate, the rate of on every hundred dollars of 

the amount with which they respectively stand assessed, according to 
said duplicate ; and if either of said persons shall not, in ten days 
after demand, pay the sum which you are required to collect from 
him, you are authorized to proceed in the manner and use all the 
means provided by law for the collection of county rates. Given 
under the hands and seals of the subscribers, members of the school 
committee of the district aforesaid, the day of , A. D. 18 — . 



In the State of Delaware. 29 

If any collector of a hundred refuse to receive and execute a war- R. c.chap. 42. 

Sec. 13. 

rant, directed to the collector of said hundred, according to this Penalty for neg- 
lecting or refus- 
section, he shall forfeit and pay to the school district, whose school '"f, t^y hundred 

' i •' ' collector to serve 

committee issued such warrant, the sum of fifty dollars. The executor Executors or 

administrators of 

or administrator of a collector may execute the warrant, and shall collector, 
have all his powers. The oath of the collector, or of his executor, or Demand, how 

proved — on non- 

administrator, shall be competent evidence of the demand ; and no resident not 

' ^ necessary. 

demand shall be necessary in case of a non-resident of the district. 

In addition to the powers now possessed by school tax collectors inchap. 354, Voi. 
this State, it shall and may be lawful for any such collector, after Power of school 

lax collector to 

demand made by him for the payment of the tax assessed against any attach effects of 
inhabitant of the school district for which he is collector, and the 
failure of said taxable to pay the same on said demand, to give written 
notice to any person residing in the county wherein said district is 
located whom he may suppose to have in his possession any goods or 
chattels, rights or credits, moneys or wages, belonging or owing to 
said taxable, stating the amount of taxes due from said delinquent 
taxable; and if the person so served with notice shall fail to deliver Right to sue 

^ persons faiung to 

up such goods and chattels, or to pay so much money or wages in his "^^^p^"^ '» 'notice 
possession as shall satisfy said school tax due from said delinquent, said 
collector may proceed, by suit in the name of the school commissioners Mode of 

^ ^ ^ trial, &c. 

of the district, before any Justice of the Peace in and for said county, 
against any person so notified, as aforesaid, and recover against him, 
her, or them, a judgment for the amount of said tax of said delin- 
quent, with costs, or for so much of said tax as may be equal to the 
value of the goods and chattels, rights and credits, moneys and wages 
in his, her, or their hands or possession at the time of service of said 
notice, or at any time between then and the rendition of said judgment. 
The process, mode of trial, right of appeal, and form of proceeding 
shall be as prescribed in Chapter 99 of the Revised Statutes of this 
State. The oath of the collector shall be sufficient evidence of the 
demand and refusal of the aforesaid [tax] and of service of said notice. 

If a person, liable to pay a rate, removes from the district, or diesR. c. chap. 42, 

Sec. 13. 

without payment, it shall be deemed a debt due to the collector, and Persons remov- 
ing, &c. 
may be recovered by suit before a Justice of the Peace. 



30 Laws Relating to Free Schools 

R. c. Chap. 42, The collector shall, within thirty days after receiving the warrant, 

Sec. 14. 

Collector to pay pay to the school committee the amount which he is required to collect, 

over in thirty 

days. deducting delinquencies to be allowed by them, and his fees, at the 

Delinquencies, 

fees, &c. rate of ten per cent, on the sum collected when it does not exceed 

fifty dollars, and eight per cent, when it exceeds that sum ; and every 
collector of a hundred, and his sureties, by virtue of his official bond. 

Liability of shall be liable thereon for every failure of duty and default in the 

collector. 

premises; which bond shall be proceeded on at the instance of the 
school committee of the district aforesaid. 

R. c. Chap. 42, If any collector shall neglect to pay to a school committee the 

Sec. 15. 

Penalty for money collcctcd by him on their warrant, and due, such committee 

neglect. 

Suits, &c., to be may, if the amount does not exceed one hundred dollars, sue him, in 

brought. 

their own names, before a Justice of the Peace, and recover the same. 
Chap. 16, Sec. I, Where it appears, upon settlement by the school committee of a 

Vol. 13. 

district, that there is due from said committee to the district, for 

money actually received by said committee, any sum whatever, an 

Action of debt action of debt may be brought in the name of the district, or against 

may be brought 

before Justice of the Said committec, or the survivor or survivors of them, in their indi- 

the Peace against 

school committee ^j^j^a^l namcs, for recovery of the same, as also for the penalty now 

or survivors for ' -^ ' f j 

dist"r!a.^"^ provided by law ; and judgment thereon shall be given as in other 
cases, and may be executed accordingly ; such action, no matter what 
the sum demanded be, may be brought before a Justice of the Peace, 
and shall be proceeded in as other actions within their jurisdiction are. 

ARTICLE XIII. 

SCHOOL FUND. 

R. c. Chap. 42, The clear income of the School Fund of this State is hereby appro- 

Sec. 2. 

priated and apportioned among the school districts as follows : Of the 
Sources of Free investments made of the surplus revenue fund — the dividends on the 

School fund. 

investment in five thousand shares of Farmers' Bank stock, made 
under act of February 21, 1837 ; and the interest on one hundred 
and thirty-one thousand seven hundred and fifty dollars of the bond 
for one hundred and fifty-six thousand seven hundred and fifty dollars 
of the State of Delaware to the School Fund of said State, at six per 
cent, interest, issued under the provisions of Chapter 324, Volume 16; 
and the interest on the sum of five thousand dollars, advanced to the 



In the State of Delaware. 31 

County of Sussex under the act of February 17, 1837, shall be divided, Distribution. 
as they fall due, among the counties equally ; and the Trustee of the 
School Fund shall so distribute these dividends and interest among 
the counties, (taking into consideration the said loan of five thousand 
dollars made to the County of Sussex,) as that each county shall re- 
ceive an equal share of the interest and benefit derived from the said 
surplus revenue fund, invested as aforesaid ; and shall apportion and 
distribute the same among the school districts of said counties respec- 
tively, in the same manner as other income of the school fund, \_pro- ch. 486, Voi. 15. 
vided that the interest on the said sum of $5,000 advanced to the 
County of Sussex, as aforesaid, shall be added to and form a part of 
that proportion of the dividend and income from the said school fund 
belonging to said County of Sussex;] and all the clear dividends or 
profits, to be declared, or accrue,- upon any other bank stock, or other 
securities, or property, belonging to said fund, together with the clear 
sum arising from fees for marriage and tavern licenses, and any other 
income of said fund, or money directed by law to be paid to the 
trustee of said fund for distribution, shall be apportioned among the 
several counties according to their white population, as ascertained by 
the census of eighteen hundred and thirty. 

The Trustee of the School Fund, in the apportionment of the share chap. 442, See. 

I, Vol. II. 

of each of the counties of this State of the income of the School Fund Distribution of 

School Fund of 

among the school districts of the several counties in August, annually, each county 

equally among 

shall distribute and apportion the same equally among all the districts ^[.^ ^^J| ^^^^^jj^^^ 

in the respective counties, without regard to the fact whether the said 

districts are original or subdivided, and so that each district in the 

same county, whether original or subdivided, shall receive the same 

sum or share, except that in the apportionment of the share of New 

Castle county, among the several districts thereof, the said trustee shall 

set apart one-seventh part thereof, and shall distribute the same among Exception as to 

the City of 

the districts contained within the limits of the City of Wilmington, Wilmington. 
and the residue among the remaining districts equally. [Under the 
provisions of Chapter 446, Volume 13, and Chapter 55, Volume 15, 
the Trustee of the School Fund is directed to pay over the dividends 
accruing from the distribution of the School Fund belonging to Dis- 
tricts Nos. 3 and 19 to the Board of Public Education of the City of 



32 Laws Relating to Free Schools 

United districts Wilmiiigton. 1 United districts shall be entitled to the several shares 

entitled to share 

dLtrictroTwhich ^^ ^^^^ districts of which they are composed. 

composed. 

R. c. Chap. 42, He shall keep an account with each district, and enter its portion to 
its credit. 

He shall, annually, deduct thirty dollars from the share of each 

$30 to be deduct- county, to pay for printing for the school convention for such county, 

ed from each 

ex"eSes°of ^^"^""^ ^"^^ payment to be made by him on the order of the president of such 
county conven- ^onvention. If the said sum be not so drawn, it, or any balance of 



tion. 



it, shall be carried to the share of the county for the next year. 



ARTICLE XIV. 

DRAFTS ON THE SCHOOL FUND. 

R. c. Chap. 42, Whenever the school voters in any school district shall, by subscrip- 

Sec. 16. 

Orders on School tion, or tax, raise in any year twenty-five dollars, the school committee 

Fund, how made 

may draw an order on the Trustee of the School Fund for such dis- 
Vouchers paid trict's sharc of the proceeds thereof. Such order, accompanied by a 

by the Trustee of 

School Fund, certificate that the committee has actually received that amount, shall 
be accepted and paid by the said trustee to the extent of any sum that 
may stand to the credit of the district when the order is presented ; 
and any money that shall be placed to its credit during that year of 
the account, shall be applicable to the balance. 

R. c. Chap. 42, The year of accounts with school districts shall commence on the 

Sec. 17. 

Commencement fifst day of August ; and at the end of every such year the accounts 

of school year. 

of all the districts shall be closed. An order drawn on the faith of 

money raised in one year, shall not be paid out of sums credited to 

the district in any other year ; but any money remaining to the credit 

Arrears, how of a district at the end of the year, may be drawn by the committee 

drawn. 

on their order and certificate that the said district has raised and paid 

to them a sum equal to what would have been necessary to draw the 

same in the year when it was credited to the district ; and if it be not 

Forfeiture of SO drawn within three years, it shall be forfeited, and shall be carried 

district's share . ■, ^ r- t -i- • •^ i ni 

of fund. to the county s portion of the school fund, divisible among all the 

districts thereof, the next year. 

R. c. Chap. 42, The Trustee of the School Fund shall certify the date of each order. 

Sec. 17. 

and the sum paid thereon, and the amount stated in the certificate to 



In the State of Delaware. ;^t, 

have been raised in the district, to the Auditor of Accounts, who shall Trustee shall 

' ' certiiy payments 

charge the committee with that amount on settlement. 

If any person shall make a fraudulent certificate for the purpose of k. c. chap. 42, 

Sec. 18. 

drawing money from the Trustee of the Fund aforesaid, he shall be Penalty for 

drawing school 

deemed guilty of a misdemeanor, and fined double the amount of such money by fraud- 

*=" •' ulent certificate. 

Certificate. 

ARTICLE XV. 

SETTLEMENT OF SCHOOL COMMITTEES WITH THE AUDITOR. 

The Auditor shall settle the accounts of the school committees who r. c. chap. 42, 

Sec. 19. 

have drawn money as aforesaid. For this purpose every such commit- settlement of 

school committee 

tee shall, under penally of forfeiting to the district twenty five dollars with Auditor. 
for neglect, appear with their accounts and vouchers before him, when when made. 
he shall attend in their county to settle the account of the County mittee by 

Auditor. 

Treasurer and others, whereof he shall give notice. He may compel Penalty for neg- 
lect by com- 

them, by attachment, to appear and settle. mittee. 

The settlement shall show how long a school was kept in the district, what settlement 

must show. 

the compensation of the teacher, and the number of scholars, the sum 
raised, and whether by tax or voluntary contribution ; the sum drawn, 
and the sum expended ; all of which shall be stated in the Auditor's Auditor's report, 

what to state. 

report to the General Assembly. 

For the purpose of information with respect to the state of the r. c. chap. 42, 

Sec. 19. 

schools, the Auditor shall prescribe forms of returns of school com- Forms to be fur- 
nished to school 
mittees, containing such questions as he shall propound, for collecting committee by 

the statistics of all the free schools in the State. He may require Returns of com- 
mittee must cor- 
returns according to such forms, fully answering the questions pro- respond with 

pounded, so far as within the power of the school committees. He 

may refuse to settle the account of the school committee until the Failure to settle 

according to such 

proper return be made ; and if, in consequence, settlement of any forms, penalty. 
account shall not be made during his attendance for that purpose, the 
school committee shall incur the forfeiture by this article provided ; 
and there shall be the same liabilities and consequences as if they had 
failed to appear. 

If the committee fail to appear and settle with the Auditor, or if, on oefiiuit of com- 
such settlement it appear that they have misapplied, or do not account 

5 



34 Laws Relating to Free Schools 

kilSi-n facts"to^*' ^^^ ^^^ money received by them, or with which they are chargeable, 
the Auditor shall make known the facts by lett( 
chairman and secretary of the last stated meeting. 



?aTeTmeet?ng.°^the Auditor shall make known the facts by letter, addressed to the 



ARTICLE XVI. 

SOURCES OF THE SCHOOL FUND. 

R. c. Chap. 40. All money appropriated to, or invested for, " the fund for establislv 

p. 197-8. 
School Fund, iug schools in the State of Delaware," shall belong to "the school 

fund of the State of Delaware." 

Trustee. The State Treasurer for the time being shall be Trustee of this fund, 

Powers. with power to receive, sue for, and recover any money, or property 

bequeathed, given, or belonging to said fund ; to vote as holder of any 
stocks belonging to said fund ; to lease any real estate devised, given, 
or belonging thereto, for terms not exceeding three years, and to 
distrain for and collect the rents thereon accruing, and to improve and 
manage such estate, as may be proper. 

Donations, ap- The public faith is solemnly pledged for the faithful appropriation 

plication of. 

of all bequests, or gifts, to said fund, towards the establishment and 
support of schools for instruction in reading and writing, arithmetic, 
grammar, and such other branches of knowledge as belong to a good 
English education. No part of said fund shall be applied to any 
academy, college, or university. 

Settlements to be The Trustee of the School Fund shall, annually, upon settling his 

published. 

account with a committee of the legislature, publish the particulars of 

Patrons' names, such Settlement, and shall mention the name of any person who has 

made a gift, or bequest, to said fund, with the amount, or value thereof. 

R. c. Chap. 40, The proceeds of marriage and tavern licenses ; one-fourth of all the 
Sec. 20, <z\iz.^x&x money arising from the licenses for auctioneering ; foreign life insur- 
Sources of reve- ancc agcncy ; foreign fire insurance agency ; vending of goods, wares, 

nue. 

and merchandise by samples ; keeping or traveling jacks or stallions ; 
keeping eating-houses ; taking photographs ; acting as brokers ; real 
estate agency ; exhibiting circuses ; practising jugglery j selling vinous, 
spiritous, or malt liquors ; and also one-fourth of the money arising 
from fees on cofnmissions issued to Prothonotaries, Clerks of the 
Peace, Registers of Wills, Recorders of Deeds, Clerks of the Orphans' 



In the State of Delaware. 35 

Court, and Sheriffs ; and all other money or property given, appro- 
priated, or belonging to said fund, are appropriated and dedicated to 
the purpose of public education in the State of Delaware : provided, Proviso 
that in case of a deficiency of the State funds, it shall be lawful for the 
State Treasurer to apply any part of the proceeds of marriage and 
tavern licenses to the payment of the salaries of the judiciary, and to 
deduct the same from the gross amount of the revenue for distribution 
among the school districts. 

The following are the present investments and subjects of general investments, 
appropriation belonging to the school fund, viz : 

1. 5,000 shares of the increased stock of the Farmers' Bank, on 

which $36 per share have been paid ; 

2. $156,750 invested in a bond of the State of Delaware to the 

School Fund of said State, under Chapter 324, Volume 16; 
which includes the proceeds of the sale of the certificates of 
loan to the Philadelphia, Wilmington and Baltirnore Railroad 
Company, and the sum of $25,000 invested in stock of the 
New Castle and Wilmington Railroad Company, which has 
been paid. 

3. Loan of $5,000 to the County of Sussex; 

4. 2,439 shares of Farmers' Bank stock, at $50 per share, held 

thus — 1,904 at Dover, 295 at New Castle, 240 at Georgetown ; 

5. 37 shares of the stock of the Bank of Delaware; 

6. 114 shares of the stock of the Bank of Smyrna; 

7. 127 shares of the Union Bank stock ; 

8. 65 shares of stock in the United States Bank of Pennsylvania; 

9. Fees on marriage and tavern licenses; one-fourth of all ^'^^ Appropriations 
money arising from licenses for auctioneering ; foreign life insurance 's.^z. 20, Chapter 
agency ; foreign fire insurance agency ; vending of goods, wares, aiid 
merchandise, by samples ; keeping or traveling jacks or stallions ; 

keeping eating-houses ; taking photographs ; acting as brokers ; real 
estate agency ; exhibiting circuses ; practising jugglery ; selling vinous, 
spiritous, or malt liquors ; and also one fourth of the money arising 
from fees on commissions issued to Prothonotaries, Clerks of the 
Peace, Registers of Wills, Recorders of Deeds, Clerks of the Orphans^ 
Court, and Sheriffs. 



LAWS RELATING TO SCHOOLS FOR 
COLORED PERSONS. 



The Lew Courts in the several counties of this State are authonzed section i,ch. 48, 

Vol. '15. 

and required, annually, in the month of April, to lay and apportion ach. 369, Voi. 15. 
tax of thirty cents in the hundred dollars, and so pro rata, upon the ircoU>red%er- 
assessments of the real and personal property and poll of colored of their own 

schools. 

persons, as they shall stand upon the assessment lists of the several Tax rate. 

hundreds, which shall be set apart as a separate and distinct fund for Separate fund 

the support and maintenance of colored schools in this State. The 

warrant required to be issued to the collectors of the several hundreds 

shall include the taxes levied under this act. The said taxes shall be How coUected 

collected by the collectors aforesaid, by the same process as other taxes 

now are, and [they shall] pay over the same as hereinafter directed. 

All moneys collected under this act shall be paid as other taxes to chap. 373, VoL 
the County Treasurer in each county, which he shall keep as a separate Money collected 

for colored 

fund, and which shall be paid by him to the Treasurer of the • ' Delaware schools to be 

^ •" paid to Counts- 

Association for the Education of Colored People:" and at the time ^'"^^"'^^'' 

of each and every payment he shall furnish the association with a 

statement, showing the respective amounts received by him from the 

different hundreds of his county. The fund arising under the pro- Distnbuiion of 

money, by 

visions of this act and paid to said association, shall be applied to the whom. 
support and maintenance of colored schools throughout this State, and 
shall be distributed by said association as follows, to wit : The said 
association shall take the statement furnished by the County Treasurer conditions, 
and distribute to each hundred the amount paid to the Treasurer by 
each hundred, under the provisions of Section ist of Chapter 48, 
Vol. 15. And in case there shall not be any school kept and main- 
tained in any hundred during any year, the amount paid in from said 
hundred shall be retained and held by said association until a school 
or schools shall be organized and kept in each hundred, when it shall 
be applied toward the support of such school or schools. 



38 



Laws Relating to Free Schools 



Treasurer of the The treasurer of said association shall give bond to the State of 

Delaware Asso- 

eiklcation'^of ^he ^^^^^^arc for the penal sum of two thousand dollars, conditioned for 

g?!e'^boild°^'^ '° th^ faithful application of the moneys received under this act. 

Bond of county The official bond of the County Treasurer and county collectors to 

treasurer and 

county collectors g^ch county shall be liable for the moneys collected and received 



liable. 



under this act. 



Rate of commis- 
sions. 



Ch. 362, Vol. 16. 
Appropriation of 
money for 
colored schools. 



To whom paid. 



Bond of the 
Treasurer of the 
Delaware Asso- 
ciation. 



By whom 
approved. 



Report. 



Distribution of 
money appro- 
priated. 



Ch. 373, Vol. 16 
Ch. 362, Vol. 16 



Ch. 373, Vol. 16 



The County Treasurer and collectors to each county shall be entitled 
to the same per cent, for the collection and application of the moneys 
collected and accounted for, under this act, as they are for the collec- 
tion and application of county taxes. 

The sum of two thousand four hundred dollars is appropriated, 
annually, from the State Treasury, to be expended for the purpose of 
educating the colored children of this State. The money so appro- 
priated shall be paid by the State Treasurer to the Treasurer of the 
"Delaware Association for the Education of the Colored People," 
on or before the first day of October of each and every year, begin- 
ning with the year one thousand eight hundred and eighty-one. 

The said treasurer of the Delaware Association shall give bond to 
the State of Delaware, in the penal sum of five thousand dollars, con- 
ditioned for the faithful application of all moneys received hereunder, 
said bond to be approved by the Secretary of State and recorded in 
his office. Said treasurer shall make an annual report of all the 
receipts and expenditures under this act to the State Auditor in 
October of each year. 

The said Delaware Association shall distribute said sum of money 
among the colored schools of the State : provided that no school shall 
be entitled to receive its pro rata share unless said association is reliably 
informed that it has remained open for at least three months during 
the school year, with an average attendance of at least fifteen scholars; 
and provided further, that the said sum of two thousand four hundred 
dollars shall be divided into three equal parts of eight hundred dollars 
each, one of said parts to be expended in New Castle County, one in 
Kent County, and one in Sussex County, to be apportioned to and 
among the several schools in each county equally. 



In the State of Delaware. 39 



AN ACT to exempt certain persons from the operation of Chapter 48 of Volume Ch. 359, Vol. 16. 
15 of the Laws of Delaware, and to enable them to establish schools for their 
children in Sussex County. 

Section i . Be it enacted by the Senate and House of Representa- 
tives of the State of Delaware in Gerieral Assembly met, {two-thirds 
of each branch of the Les:islature concurrins;) : That Whittington Names of per- 

•^ yd ^/ D sons exempt from 

Johnson, William A. Johnson, Samuel B. Norwood, George L. Nor- g^^^'"; J'^'i^'-^, 

wood, Robert W. Norwood, Elisha Wright, Beturn Wright, Selema Deiawlre° 

Wright, Nicholas Wright, James H. Kimmey, Robert Clark, Thomas 

H. Clark. Myers B. Clark, Isaac Harmon, John Harmon, James H. 

Clark, William R. Clark, Ann Johnson, Robert B. Johnson, John 

Thompson, Theodore Harmon, Stephen M. Norwood, John Harmon, 

Mitchell Harmon, Gardiner Drain, David P. Street, David R. Street, 

David Wright, George W. Clark, Elias C. Clark, WiUiam Clark, all 

of whom are residents of Indian River Hundred, and Sussex County, 

of this State, are hereby and shall be hereafter exempted and relieved 

from the operation and burdens of Chapter 48 of Volume 15 of the 

Laws of Delaware, entitled ''An act to tax colored persons for the 

support of their own schools," and the said Chapter 48 of Volume 15 

of the Laws of Delaware shall in no manner apply to them. 

Section 2. Be it further enacted, That the parties named in the Name of cor- 
poration, 
first section, and their successors, are hereby incorporated and consti- 
tuted a body polidc under the name of ''The Indian River School 
Districts for a certain class of Colored Persons," and in such name 
may, among other things, have a corporate seal, take and hold ground Seai. 
for two school houses, and the appurtenances and furniture, and for Corporate 

powers. 

such purposes may take and hold, by devise, bequest, or donations, 
real and personal estate, not exceeding in clear annual income five 
hundred dollars, for the use of the schools in said districts, and may 
alien the same ; may take bond from their collector ; may prosecute 
actions upon it, and any action for injury done to any property of the 
distiict, in which action they shall recover double damages and costs ; 
and also any action for a forfeiture or penalty due to the district. Any 
of the said actions may be brought before a Justice of the Peace, if 



40 



Laws Relating to Free Schools 



Mode of acquir- 
ing membership. 



Proviso. 



Division of 
corporation. 
Names of 
districts. 



Record of 
districts. 



Time of 
meeting. 



Voting. 

School 
committees. 



Amount of 
money raised. 



the sum demanded do not exceed one hundred dollars, and he shall 
proceed as in other demands of a like amount. The said district shall 
not possess any corporate powers or franchises other than those hereby 
expressly given it, 

Section 3 . Be it further efiacted, That any one may hereafter be 
made a member of this corporation by a two-thirds vote of those 
present at any stated meeting thereof, upon his posting, thirty days 
before said stated meeting, written notice of his application for mem- 
bership on the front door of each school house : provided that no one 
shall be a member of this corporation who does not belong to the class 
of colored persons to which those mentioned in section one belong, is 
not above the age of twenty-one years, a citizen of this State, and a 
resident of said Indian River Hundred. 

Section 4. Be it further enacted. That the said corporation shall 
be divided into two sub-districts, called respectively " Warwick Dis- 
trict" and " Holly ville District." The limits of said sub-districts 
shall be defined by five members of the corporation, to be selected by 
ballot at the first meeting of the corporation. They shall make report 
of their proceedings to the corporation, and the same shall be recorded 
in its records; but said limits may, in like manner, be at any time 
changed ; the five members only to be appointed at a stated annual 
meeting. 

Section 5 . Be it further enacted, That the persons named in 
section one of this act shall meet on the first Saturday of April next, 
at two o'clock in the afternoon, at some place to be selected by a 
majority, and shall proceed, after selecting a chairman and secretary, 
to elect, by ballot, two school committees, one for each of said sub- 
districts. Such school committees shall consist of a clerk and two 
commissioners, and shall be elected for the term of three years. They 
shall also resolve, by a majority vote, what sum shall be raised for the 
purpose of purchasing a lot of ground and erecting thereon a school 
house in each of said sub-districts, provided said sum shall not exceed 
the sum of four hundred dollars ; and shall also resolve, by a like vote, 
what sum shall be raised for the purpose of supporting the said two 
schools for the ensuing year, provided said sum shall not exceed the 
sum of two hundred dollars. 



In the State of Delaware. 41 

Section 6. Be it further enacted, That the members of said cor- stated meeting. 
poration shall have a stated meeting every year, on the first Saturday 
of April, at two o'clock in the afternoon. Such meeting shall be held 
at the Warwick school house, and Holly ville school house, in the piace of meeting, 
alternate years, and shall be kept open at least one hour. Every 
member who has paid his school tax for the preceding year shall have a Qualification of 

voters. 

right to vote. One-third of the members of the corporation shall 
constitute a quorum, and may proceed to business. They may appoint Quorum, 
a secretary and chairman, and shall resolve, by a majority vote, what Officers, 
sum shall be raised for the support of said two schools, provided that Amount of 

money to be 

said sum shall not exceed, in any one year, the sum of two hundred raised. 
dollars in the aggregate. They shall also elect a school committee, as 
aforesaid, for the term of three years, whenever the terms have expired ; 
and shall have the power to fill any vacancies by electing some one to Vacancies. 
serve for the residue of the term. They shall also, at said stated 
meeting, elect, by ballot, five members who shall then and there pro- 
ceed to apportion to each member of the corporation his or her share Apportionment 

of tax. 

or portion of the sum to be raised during the ensuing year for school 
purposes as aforesaid, and shall make report of the same to the said 
meeting. Any member of the corporation who is dissatisfied with the 
report may appeal to the meeting, stating his grounds, and the matter Appeal. 
shall be then and there decided by a majority vote. When said report 
has been adopted by a majority vote, it shall be final and conclusive 
upon all parties. They shall also, at said meeting, elect a collector, to Collector. 
whom they shall give a proper warrant to collect the sum aforesaid 
from the parties upon whom it is assessed, and who shall give bond in Bond, 
the penal sum of four hundred dollars for the proper performance of 
his duties. His oath shall be proof of a demand, and if a member Proof of demand 
does not pay the amount apportioned to him for ten days after the 
demand, the collector may bring suit therefor before a justice of the Suit for taxes, 
peace. The collector for the past year shall, at said stated meeting, 
render an account thereto, which shall be at once examined by a com- 
mittee of three, to be appointed by the chairman. 

Section 7. Be it further enacted. That the school committee of 
each sub-district shall select tl-^e teachers for their respective schools. Teachers. 
but the stated annual meeting shall determine how many months the School year. 
school shall be open, and how much money shall be apportioned to 
6 



42 



Laws Relating to Free Schools. 



Apportionment each sub-district from the aggregate sum to be raised for the year. 

of funds. 

Who may attend Each school shall bc opeii to all the children between the ages of seven 

the schools. 

and twenty-one of those members who have duly paid to the collector 
of the preceding year the sum with which they were charged. 
Withdrawal from SECTION 8. Be it further eiiacted, That any member who has paid 

membership. 

all the sums with which he is charged, as aforesaid, may withdraw 
from membership in said corporation by giving notice, at the annual 
stated meeting, of his intention so to do : provided, however, that he 
shall immediately thereupon become again liable to the provisions of 
the said Chapter 48 of Volume 1 5 of the Laws of Delaware. 
Passed at Dover, March 10, 1881. 



Ch. 371, Vol. 16. A SUPPLEMENT to the act entitled "An act to exempt certain persons from 
the operation of Chapter 48 of Volume 15 of the Laws of Delaware, and to 
enable them to establish schools for their children in Sussex County." 

Section i , Be it enacted by the Senate and House of Representa- 
tives of the State of Delaware in General Assembly met : That the 
Colored schools colored schools which are organized and incorporated under and by 

of Sussex county 

virtue of the act entitled "An act to exempt certain persons from the 



to receive ^.pro 
rata share of 
funds appropri- 
ated for that 
purpose. 



Proviso. 



When to take 
effect. 



operation of Chapter 48 of Volume 15 of the Laws of Delaware, and 
to enable them to establish schools for their children in Sussex County," 
passed at this present session of the General Assembly, shall be entitled 
to and shall receive from the ''Delaware Association for the Education 
of the Colored People," 2. pro rata share of the sum of money author- 
ized to be distributed among the colored schools of Sussex County, 
under and by virtue of the act entitled "An act to encourage the 
education of colored people," and of the supplement thereto, passed 
at this present session of the General Assembly : provided that the said 
schools shall not be entitled to receive their pro rata share of said sum 
unless said association is reliably informed that the said schools have 
remained open for at least three months during the school year, 
with an average attendance of, twenty scholars, and have raised by 
taxation, under the law to which this is a supplement, at least the sum 
of twenty-five dollars for each of said schools during the preceding 
year : provided, however, that these . provisions shall not take effect 
until the year of our Lord one thousand eight hundred and eighty-two. 
Passed at Dover, April 8, 1881. 



APPENDIX. 



FORMATION OF ADDITIONAL DISTRICTS. An.iv,.>«,. 

Ch. 442, Vol. II. 
FORM OF PETITION. 

To the Levy Court of County, 

at its .... Session for . . . . 18 . . : Petition to lay 

out an additional 
The undersigned, being owners or holders of real estate in School District No. district. 

. . , (or in School Districts Nos. . . . ,) in Kent County, respectfully represent, 
that an additional district may be formed from the district (or districts) aforesaid. 
\_The reason why the new district is desired may here be inserted.^ 
Your petitioners therefore pray the Court to appoint three judicious and impar- 
tial persons residing in said county, and without the limits of the said district (or 
districts) to go to the said district (or districts) and inquire concerning the propriety 
of laying out an additional district therefrom according to the provisions of the 
law in such case made and provided. And they will ever pray, &c. 

( Signed here by petitioners. ) 
(Date.) 

Although nothing is said in the act providing for the formation ofNoticeof pre- 

' sentation of 

an additional district in regard to giving notice of any proceedings p^^'^'o"- 
preliminary to the application for that purpose to the Levy Court, yet 
it would seem eminently proper and necessary that due notice thereof 
should be given, stating the time when the petition would be pre- 
sented to the Levy Court, the alteradons proposed to be made, and 
the reasons therefor. 

Possibly such notice may be required by implication of law arising 
from construction of the third paragraph of Article IV, the Legislature 
considering the language and spirit of that article applicable to the 
alteration in districts resulting from the formation of an additional 
district. The public convenience and the interest of the schools very 
evidently require that the Court should have authority to exercise dis- 
cretionary power in the appointment of commissioners for laying out 
such districts. 

It is also suggested, whether due notice should not be given, stating ?J°'JJ.''^°^^'JJ^^^^- 
the time when the commissioners will go to the district or districts to n'rw^^dLtHc?.^ °"' 



44 



Laws Relating to Free Schools 



Notice of first 
stated meeting. 



inquire concerning the propriety of laying out the additional district, 
and the place where they will meet to make the inquiry, in order that 
they may be fully and fairly informed upon the subject. Much injury 
is doubtless liable frequently to arise to schools from the facility with 
which new districts may be formed, and the impracticability of rep- 
resenting to the commissioners the sentiments of the whole district 
without such notice. There are other, and often more important 
matters of consideration, in laying out additional districts, and the 
consequent division of original ones, than the mere number of scholars 
left in the one or found in the other, which should guide both the 
court and the commissioners in their decisions in such cases. 

The persons appointed by the Levy Court to inquire concerning the 
propriety of laying out the additional district must give notice, in 
writing, ten days before holding the first regular stated meeting of 
school voters in the district to be created, of the time and place for 
holding such meeting, which notice must be posted in five of the most 
public places in the district. 

The form of notice of yearly meetings, with the word " additional" 
inserted before the word " school," in the second line, and signed by 
the persons required to give the notice, will be proper in this case. 

The law referred to (act March 3, 1857,) and the foregoing petition 
and notice, apply to the forming of additional or new districts. Should 
other alterations be desired, the manner of proceeding therein, is to 
make application (by petition) to the Levy Court, which, with the con- 
currence of two-thirds of all the members, may make such alterations. 
In this case notice of the intended application, stating time when it 
will be made, and the alterations desired, must be given by advertise- 
ments, posted in four or more public places in each district to be 
affected by the change, twenty days before the application is made. 

The following form of notice may be observed in such cases, to wit : 

SCHOOL VOTERS. 

Notice of appli- Notice is hereby given that an application will be made to the Levy Court of 
d?st?i!;t ° ^^'^"^ . . . County, on . . . the . . . day of . . . 18 . . , during its ensuing . . . 
session, for \here insert the desired alterations .~\ 
Dated the . . . day of . . . 18 . . . 

{Signed by the persons desiring the alterations. ) 



Form. 



Alterations of 
districts. 






In the State of Delaware. 45 

YEARLY OR STATED MEETING. 

The yearly, or stated meeting of the school voters in each district is ^^^ ^^ 
to be held on the first Saturday in April, at two o'clock in the after- 
noon, at the school house of the district ; or if there be no school 
house, at the place appointed by the Levy Court, until there shall be 
a school house. The meeting shall be kept open at least one hour.* 

The clerk of the school district, or if there be no clerk, the com- . . , ,^ 

' Article IX, p. 22. 

missioners, or one of them, are required to give notice of this meeting 
by advertisements, under hand, of the day, hour and place, posted in 
five or more of the most public places of the district at least five days 
before the day of meeting. 

FORM OF advertisement FOR YEARLY MEETING. 

SCHOOL VOTERS. 

Notice is hereby given that a stated meeting of the school voters in School 

District No. . . , [or United School Districts Nos. . . ] in . . . County, will be Advertisement 
,,,,,,, ,- r- 7 zTi for stated meet- 

held on Saturday, the . . . day of . . . next lor instant, as the case may oe,\ at jng. 

two o'clock, afternoon, at . .in said district. Dated the . . day of . . 18 . . 

A B , Clerk. 

When there is no clerk, the commi.ssioners, or one of them, signs, thus : 

C D-. — , ) ^ , 

E F , ] ^""^ '''• 

The acts of the meeting are not void although no notice be given ; but 
the clerk or commissioner neglecting to give notice forfeits ten dollars. Article ix, p. 22. 

OCCASIONAL MEETINGS. 

Occasional meetings of the school voters in a district may be called ' 
by the clerk and commissioners, or any two of them. The call is by 
advertisements, under hand, of the business, and day, hour, and place, Article vii. 
posted in five or more of the most public places of the district at least 
five days before the day of meeting. The business must be specified 
in the advertisements, and business not specified cannot be transacted. 
It must be at the place where the stated meetings are held. 

A vacancy in the school committee may be filled at an occasional 
meeting ; in that case, in place of the words " to consider and deter- 
mine," &c., in the annexed form, use the words: ^^To elect a ^/<fA-^ Article vi, p. 20. 
\or a commissioner, as the case may ^<?,] in lieu of ." 



* This provision as to time of holding meeting does not apply to School District No. 8, New 
Castle County, the hour for holding the meeting therein being from a,% to 6 o'clock, P. M. 



4-6 Laws Relating to Free Schools 

form of advertisement for occasional meeting. 

SCHOOL VOTERS. 

Advertisement An occasional meeting of the school voters in School District No. . . , in . . 
Seet?ng!"'^''°"^' County, is hereby called by the subscribers, to be held on . . . the . . . day of 
. . . next, [or instant, as the case may be,'] at . . . o'cock in the . . . noon, 
at . . . -in said district, to consider and determine \^here describe the business.'] 
Dated the . . . day of . . . , i8 . . . 

£ £■ 

G H , y School Committee. 

I K 

[ Two are sufficient.] 



ORDER OF BUSINESS IN YEARLY MEETING. 

Article VI. I. Appoint a chairman and a secretary. 

Article IX, p. 22. 2. Let the school committee of the past year present their account, 
also their report, and the meeting appoint persons to settle the account; 
and as soon as the settlement is made, let it be reported to the meeting 
and entered on the minutes. 

Article VI. 3. Elect by ballot a clerk or commissioner (as the case may be) in 

place of the one whose term expires on this day; or fill any other 
vacancy that may exist of clerk or commissioners. A majority of the 
ballots given is necessary to elect. No person but a school voter of the 
district can be elected. 

R.c, page 215. [By Sections i and 2, Chapter 138, Volume 13, Laws of the State 
of Delaware, the school voters were required, at the stated meetings held 
on the first Saturday in April, 1867, to elect by ballot, in the manner 
set forth in Section 3, Chapter 42, Revised Code, a clerk to serve for 
three years thereafter, and two commissioners, one for the term of 
two years, and another for the term of one year, or in each case till 
a successor be chosen ; and at every annual meeting thereafter elect 
one member of the school committee to serve for the term of three 
years, &c.] 

Article VI, p. 19. 4- Rcsolve what sum shall be raised in the district for a school house 
therein, or for a free school. 

Article VI. 5. Vote by ballot respecting a tax. 



In the State of Delaware. 47 

This last vote must be taken at the yearly meeting or the substitute Article vi. 
therefor ; it can be taken at no other time. 

More than $400 cannot be raised by tax for a free school, exclusive Article vi. 
of the amount required to be raised without regard to any vote thereon; Article xi, p. 25. 
nor more than $500, by tax, for a school house, in one year, in any Article vi. 
district.* 

The vote respecting a"* tax must be by ballot; it may be taken by 
writing '' For a Tax,' on some shps of paper, and ''Against a Tax,'' 
on other slips ; and each for a tax voting a slip "■ For a Tax /" each 
against a tax, a slip ''Against a Tax." 

It is important to attend to each of these items separately, and have 
the proper entry distinctly made in respect to it. The proceedings of 
a meeting have been a mere nullity in consequerice of blending votes 
on several items. In respect to raising money, it is best to vote first 
what sum shall be raised, and enter the vote; and then vote concerning 
a tax, and enter this vote. 

If two or more persons receive an equal number of votes for clerk, 
or commissioner, (as the case may be) there is no choice, and the 
meeting should vote again, and so on till one person receives the ma- 
jority of all the votes. 

The meeting is appointed at two o'clock, afternoon ; [except District 
No. 8, New Castle County, which is appointed from 4)^ to 6 o'clock, 
P. M.] After duly organizing the meeting and proceeding to vote for 
the officers to be elected, as soon as opportunity has been allowed to 
all the persons present to vote, the election may be closed after one 
hour, and the choice declared and entered. It is desirable to give 
time for the attendance of the school voters, but this is a master of 
discretion ; the hour appointed by law for their attendance is two 
o'clock, with the exception aforesaid. 



*For a list of districts authorized to raise sums of money in excess of amount 
which each district is required to raise without regard to vote, see pages 26 and 
27 ; also list of districts consolidated and incorporated, on pages 16 and 17. 



48 



Laws Relating to Free Schools 



CERTIFICATES. 

Article VIII. Two Certificates of the proceedings of every meeting must be signed 

by the chairman and the secretary, and dehvered, one to the clerk of 
the district, and the other to the Clerk of the Peace of the county. 
These certificates ought to be made and signed upon the spot, and de- 
hvered without delay. 

Art. VIII, pages A chairman or secretary not doing his duty in this particular, within 
one month, is liable to a fine not exceeding $50 ; and the proceedings 
of the meeting shall be void. 



Article VI. 



Article IX, p. 



FORM OF CERTIFICATE OF YEARLY MEETING. 

At the stated meeting of the school voters in School District No. . . [or United 
School District Nos. . , . ] in . . . County, held according to law on Saturday, 
the . , . day of . - . , 18 . . , at the district school house ... in said district, 

A B , was appointed Chairman, and 

C D , Secretary. 

The account of the school committee of the past year, namely, , 

and , was laid before the meeting, and on motion, 



and G- 



-r H were appointed to examine and settle 

the same. By a report, also, of said school committee, it appeared that there had 
been kept in the district by a male teacher a school for the period of . . . , the 
teacher's wages, the rate of . . . , and the highest number of scholars .... 
males, and .... females ; and by a female teacher a school for the period of 
. . . ; the teacher's wages, the rate of . . . , the highest number of scholars, 
. . . males, and . . . females. 

Article VI. Upon a vote by ballot, K L was elected clerk, [c»r commissioner, 

as the case may be,'] of the said district, he having a majority of votes.* 

\Here may be inserted the adoption of any resolution or statement of other 
business transacted which is not specified in this form.] 
Article VI. Resolved, that the sum of . . .be raised in this district for a school house, \or 

for a free school in said district.] 

The meeting voted by ballot respecting a tax for raising the above sum. 
And there was a majority of votes for a tax, \or against a tax, as the case 
may be.*] 

Article IX, p. 22. E F and G H , appointed as above to examine and 

settle the account of the school committee of the past year, report, that they have 
examined and settled the same, and that upon said account there is a balance due 
to, \or from, as the case 7nay be,] the district of . . . 
Said report was adopted. 



Chairman. 



Attest : C- 



D- 



-, Secretary. 



♦The above should be substantially observed ; but varied from so as to conform to facts. 



In the State of Delaware. 49 

FORM OF CERTIFICATE OF OCCASIONAL MEETINGS. Article vii. 

At an occasional meeting of the school voters in School District No. . . . , in Article VIII. 
. . . County, duly called by [insert the name of the school committee calling the 
meeting,'] the school committee [or two of the school committee, as the case may 
be,] of said district, and held on . . . the . . . day of . . .18. . . , at [here 
insert the place where the stated meetings are held,] in said district, 

A B , was appointed Chairman, and 

C D , Secretary. 

The chairman and secretary inquired respecting the advertisements of this Article VII. 
meeting, and found that advertisements of the business, and the day, hour and 
place of this meeting were posted on the . . . day of . . . , instant, [or last, as 
the case may be,] at [here mention by a proper description every place in which 
an advertisement was posted,] being five of the most public places of said district, 
and the business mentioned in said advertisements was [here set forth the business 
as cojttained in the advertisements.] 

Upon a vote by ballot G H was chosen clerk in place of K 

I> , removed, [or refusing to serve, or deceased, as the case may be.] 

Resolved — [setting down any proceedings of the meeting, observing that no 
business can be transacted not vientioned in the advei'tisements .] 

A B , Chairman. 

Attest: C D , Secretary. 

ASSESSMENT AND COLLECTION OF TAX. 

With respect to the assessment, the directions of the law are so plain, Article xi. 
that nothing need be added. All that is requisite, is to read and follow 
the directions in respect to making the list, giving notice, and hearing 
objections, and preserving the list. 

If the line between districts crosses a farm or property held together, Article xi. 
the whole is to be assessed in the district where the dwelling house is ; 
provided that any tenant residing on such lands, in an adjoining 
district, shall, at his election, communicated in writing to the school 
committee of such adjoining district, at any time prior to the complet- 
ing of the assessment list, be only assessed, and have school privileges, 
in the district in which such tenant resides. 

The committee of any district shall issue to the collector of the Article xii. 
same, or to the collector of the hundred in which such district is situ- 
ated, a warrant, with a duplicate of the uncollected assessment list, 
for collecting the tax, who is required to receive the same and pay 
over to the committee the amount due the district within thirty days, p^^g^ ^^ 

According to Section 13 of Chapter 42, Revised Code, the com- 
mittee is recjuired to issue to the collector of the district, or to the 

7 



50 Laws Relating to Free Schools 

collector of any hundred in which such district, or any part thereof, 
is situate, a warrant, with a duplicate of the assessment, or any part 
thereof, annexed, for collecting said rate. This provision is omitted 
in Section 2 of Chapter 354, Volume 16, but does not appear to have 
been repealed by said Chapter 354, and is mentioned here for the 
information of school committees. 
How tax may be From the foregoiug it appears that if the district is composed of 

collected when 

district, or pro- parts of sevcral hundreds, a warrant may be directed to the collector 

perty taxed, is in 

several hundreds of each hundred, with a duplicate of that part of the list that is within 
his hundred. If a person is taxed in several hundreds, the whole tax 
may be on the duplicate annexed to either warrant, or the proper part 
divided to each. 

Article xn. FORM OF WARRANT TO A COLLECTOR OF A HUNDRED. 

.... County, School District No. . . , ss. 

The State of Delaware : To the Collector of . . . Hundred : 
Form of warrant We command you to collect from the respective persons named in the annexed 
duplicate the rate of . . . .on every hundred dollars of the amount with which 
they respectively stand assessed according to said duplicate, and the like rate on 
every less sum ; and if either of said persons shall not, in ten days after demand, 
pay the sum which you are required to collect of him or her, you are authorized 
to proceed in the manner and use all the means provided by law for the collection 
of county rates. 

Given under the hands and seals of the subscribers, members of the school 
committee of the district aforesaid, the ... . day of . . . . 18 . . . 

A B- , [L. s.] 

C n , [L. s.] 

E E , [L. s.] 

Any two of the school committee will be sufficient, although it is 

always best for all to join. 

DRAFTS ON THE SCHOOL FUND. 

FORM OF CERTIFICATE OF MONEY RECEIVED, IN ORDER TO 
OBTAIN DIVIDEND. 
We, the subscribers, members of the school committee of School District No. 
. . , in . . . . County, certify, that we have received, for the benefit of said 
Article VI p. 19. district, the sum of . . ,* raised [<5jj/ tax, or subscription, as the case may be.'\ 
Witness our hands the . . . day of . , . 18 . , 



to collector. 



Article XIV. 



E 


E- 


G- 


H- 


7 


K- 



[ Two will be sufficient. '\ 

Art XII p. ^o *The collector is required to pay to the committee the sum he is required to collect, deducting 
delinquencies and fees, within thirty days after receiving bis warrant. 



In the State of Delaware, 51 

ORDER ON TRUSTEE FOR DIVIDEND. Article Xiv. 

To the I'rustee of the School Fund for Establishing Schools in the State of 

Delaware : 

Sir : Pay to the order of . . . . , for the benefit of School District No . . . 
in ... . County, the sum standing to the credit of said district under the laws 
concerning free schools. 

Given under our hands as members of the school committee of said district the 

- . . . dav of . . . . , 18 . . 

E /•- . 

G- // . 

( 77iio 0/ the coinniittee zoill be sitjfficieut. ) J K . 

The committee, or two of them, having made and signed certificate 
and order in the forms above given, are to go to the Clerk of the Peace 
in their respective counties, and ask for a copy of the certificate of the 
proceedings of the last annual stated meeting of their district ; and 
having received it, take it, with their own certificate and order afore- 
said, to the Farmers' Bank, where the school dividends for the county 
are made payable. Then, on delivery of these to the bank, the divi- 
dends for their districts will be paid them at any time after public 
notice has been given by the Trustee of the School Fund that said 
dividends are payable, which he does once every year. 

MEETINGS CALLED BY CLERK OF PEACE. 

Article Vf. p. 20. 

FORM OF APPLICATION TO THE CLERK OF THE PEACE TO 
ADVERTISE A MEETINCi. 
To the Clerk of the Peace for .... County : 

The subscribers, school voters of School District No , in said county, 

request you to give notice according to law of the stated meeting of the school 
voters of said district on the first Saturday in April, 18 , . ; there being no clerk 
or commissioner of said school district to give this notice. Witness our hands the 
.... day of . . . . , 18 , . . 

This application must be signed by at least five school voters of the 
district. 

The clerk may observe the foregoing form of advertisement of 
yearly meeting, concluding with the words : 

(iiven under my hand upon the application of five school voters of said district, 
(there being no clerk or commissioner to give this notice) the . . . dav of . . . 
18 . . . 

, Clerk of the Peace of . . . . Coitntv. 

This advertisement must be posted, as required for other stated 
meetings, in five or more public places in the district. 



52 Laws Relating to Free Schools. 

OATH OR AFFIRMATION. 

Article VI. p. 20. Each member of the committee must be sworn or affirmed to per- 
form his duty with fidelity. 

The oath or affirmation may be administered by a justice of the 
peace, or any other officer having general power to administer oaths. 

FORM OF CERTIFICATE OF OATH OR AFFIRMATION OF CLERK 
OR COMMISSIONER. 

.... County, ss. Be it remembered, that on this .... day of ... . 

18 . . . , A B , Clerk, \or commissioner^ elect of School District 

No . . . , in . . . County, personally appeared before the subscriber, a Justice 
of the Peace in and for said county, and was duly sworn \or affirmed^ to perform 
his duty of clerk \oi' commissioner, '\ of said district with fidelity. In testimony 
whereof, I have hereunto set my hand the day and year aforesaid. 

C D , Justice of the Peace. 

Under the law as it now exists, there will generally be but one 
member each year to be qualified as above; yet as vacancies in the 
committee may occur otherwise than by the regular expiration of the 
term, two or more members may be elected at the same time. Some 
of these may desire to be affirmed, others be willing to be sworn. In 
such cases the following form of certificate may be conveniently used, 
varying it to suit the particular case. 

. . . County, ss. Be it remembered that on this . . . day of . . . 18 . . , 
personally appeared before the subscriber, a Justice of the Peace in and for . . . 

County, A B , Clerk elect, and C D, Commissioner elect of 

School District Number . . . , in the county aforesaid, and the said A 

B , Clerk elect, was duly affirmed, and the said C D , Com- 
missioner elect, was duly sworn, each respectively, to perform his duty as member 
of the committee of the district aforesaid with fidelity. 

In testimony whereof, I have hereunto set my hand the day and year aforesaid. 

C D , Justice of the Peace. 

The certificate should be filed by the clerk, and a copy thereof re- 
corded with the minutes of the first meeting of the school committee 
held next after the annual or stated meeting of the school voters. 



I 



SECRETARY'S OFFICE, 

Dover, January 6th, 1882. 

In obedience to Section 10, Chapter 369, Volume 16, Laws of Delaware, I 
have codified and caused to be published all the laws of the State of Delaware 
relating to Free Schools of a general nature. Not deeming it within the scope of 
the authority vested by said section to publish in full all the laws of a special or 
local character relating to schools, I have, nevertheless, for the sake of conveni- 
ence, given reference thereto. 

In the preparation of this digest of the school laws, I have strictly adhered 
to the language of the text so far as it was consistent with the sense. On account 
of the numerous supplements and amendments, which have, from time to time, 
been made, I have been compelled, in order to preserve the connection as well 
as the sense, to omit some phrases and sentences and to supply others, to which 
attention is called by the use of brackets and asterisks. In order to aid persons 
desiring to consult the original text of the school laws, I have made copious 
references, on the margin, to the Revised Code, or to the volume of the laws 
of the State, where they may be found. 

In order to facilitate the transaction of the business of the districts, I have 
appended various forms and instructions, with a general index to the laws and 
forms, referring both to the article and the page. 

JAMES L. WOLCOTT, 

Secretary of State. 



INDEX. 



Note. — The figures in the Index refer to the page and the Roman numerals to the article. 



A 

AKT. PAGE 

ACCOUNTS— 

Publication of ix 22 

Exhibition of, by committee . . ix 22 

ACCOUNTS, AUDITOR OF— 

Not to settle with school districts 
or commissioners, &c., until 
certificate as as to forms and 
blanks have been filed with . iii 7 
United districts, how to settle with v 1 5 

(See School Fund and Drafts on. \ 
Settlement of accounts of School 

committee by xv 2il> 

When made xv 33 

Notice to committee by ... . xv i^'i^ 
Penalty for neglect by committee xv t^t^ 
What settlement must show . . xv 33 
His report, vv'hat it shall state . . xv t^t^ 
Forms to be furnished to school 

committee by xv t^t^ 

Returns of committee must corres- 
pond with forms xv t^t. 

Failure to settle according to such 

forms, penalty xv i^'i^ 

Default of committees xv 1Z 

To make known facts of default 
of committees to chairman of 

stated meeting xv 34 

(See Schools for Colored Persons.) 

ADJOURNMENT— 

Of stated meetings vi 19 

Of certain freeholders from time 

to time iv 11 

ADMINISTRATORS— 

Of collector, power of xii 29 

Oath of, to be evidence of de- 
mand xii 29 



ART. PAGE 

APPEAL— 

In cases of refusal of teachers' 

certificates i 4 

(See Assessments.) 
Right of, of taxables xii 29 

ASSESSMENTS— 

By whom made ix 24 

How made ix 24 

Contents ix 24 

Polls ix 24 

Chattels ix 24 

Rental value of lands .... ix 24 
Personal property liable .... ix 24 
Shall be assessed only where ac- 
tually located ix 24 

Duties of school committees rela- 
tive thereto ix 24 

Property to be viewed personally ix 24 

Proviso ix 24 

list of names of persons assessed ix 25 
When line between two districts 
crosses any person, where as- 
sessed — proviso ix 25 

Amount of tax to be levied with- 
out regard to vote thereon . . ix 25 
Copy of list, where posted ... ix 25 

Notice of it ix 25 

Notice of time and place of ap- 
peal ix 25 

Corrections of list ix 25 

When conclusive ix 25 

Proceedings of committee, when 

questioned ix 26 

Committee to annually revise the 

assessment of rental values . , ix 26 
Non-residents to be notified by 
clerk of the time and place of 

appeal ix 26 

Contents of such notice .... ix 2b 



56 



Index. 



ART. PAGE 



ASSESSMENTS— 

For distncts which can raise in 
excess of amount required by 
law 

Directions, relative to 



ii 26 
49 



ATTACHMENT— 

Power of collector to make . . xii 29 
Right to sue persons failing to re- 
spond to notice of xii 29 

Mode of such trial in xii 29 

B 

BOOKS, SCHOOL— 

By whom purchased i 5 

Payment for and distribution of . i 5 

List of i 5 

Superintendent and clerks of dis- 
tricts, (See Clerks.) i 5 



CERTIFICATES— 

Withdrawal of i 3 

Applicants for, quahfications . . i 4 
Who shall be recommended for, 

first grade i 4 

When to issue, how signed, how 

long good i 4 

Second grade, who shall receive, 

how long good i 4 

Third grade, who shall receive, 

how long good i 4 

List of, by whom kept .... i 4 

Refusal of, appeals, &c i 4 

Presentation and filing of, as to 

the text books, with Auditor of 

Accounts iii 7 

Signing of, for proceedings of 

stated meetings viii 20 

Fine for failure to make, &c. . . viii 20 
Form of, for stated meeting . . 48 

Form of, for occasional meeting 49 

P'orm of, for receipt of money . 50 

Form of, for oath or affirmation . 52 

(See Returns.) 

CHAIRMAN— 

Of stated meetings, the time and 

manner of the election of . . vi 18 



AKT. PAGE 

CHAIRMAN— 

Of occasional meetings .... vii 20 
Of stated meetings. Auditor of 
Accounts to make known, de- 
fault of committee to . ... xvi 34 
Duties, fine, vi 20 

CLERK OF THE PEACE— 

Duty of, to certify to Trustee of 
School Fund numbers of school 

districts iv 8 

Duty of, in relation to return of 
commissioners to lay off new 

districts iv 9 

When he shall give notice of 

stated meetings vi 20 

Certificates of meetings to be de- 
livered to viii 20 

Further duties 51 

Form of application to, to adver- 
tise meeting 51 

CLERK OF DISTRICT— 

(See Books, School.) 

( See Stated Meetings, Occasional 

Meetings, and Returns.) 
Notice of stated meetings to be 

given by, neglect ix 22 

Want of notice not to invalidate 

acts of meeting ix 22 

When there is no clerk, notice, 

how given, penalty ix 22 

To keep record book of district ix 23 
Shall keep papers belonging to 

the district i>^ 23 

Distribution of books by ... . ix 23 
Forwarding price of books to Su- 
perintendent by ix 23 

Responsible for their safe keeping ix 23 
Remedy for default in . . . . ix 23 

Report of ix 23 

Delivery of books to successor . ix 23 
Fine for failure to give notice of 

stated meeting vi 20 

Election of, and term of office of vi 18 
( See Appendix, page 46. ) 

COLLECTORS— 

Tax duplicate to be given to . . xii 28 
Must receive duplicate . . . . xii 28 



Index. 



:>/ 



ART. PAGE 

COLLECTORS— 

Powers of xii 28 

Form of warrant xii 28 

Penalty for refusal of, to accept 

waiTant xii 29 

Powers of executor or administra- 
tor of xii 29 

Oath of, to be evidence of de- 
mand of taxes xii 29 

No demand necessary of non-res- 
idents xii 29 

Powers of, to attach effects . . xii 29 

Suit by, mode of trial, appeal . xii 29 

Removal of taxable xii 29 

Time when, shall pay over taxes xii 30 

Delinquencies, deduction of . . xii 30 

Commissions . xii 30 

Liability of xii 30 

Penalty for neglect of, to pay 

money collected xii 30 

Suits against xii 30 

Issue of duplicates to, with part 

of a district list 49 

Form of warrant to 49 

COLORED PERSONS, SCHOOLS 
FOR— 

(See Schools for Colored Persons.) 

COMMITTEES, SCHOOL— 

Certain fomis in relation to text 

books to be signed by . . . . iii 7 

Shall apply to Levy Court for 
appointment of freeholders to 
locate school house iv 10 

Notice of time and place of meet- 
ing to select site iv 10 

Plot and description to be re- 
corded iv 10 

When shall deposit damages in 
Farmers' Bank and operation 
thereof iv 11 

Shall call out freeholders if they 

fail to meet committee ... iv 11 

For united district, how and 

when chosen '^' ^5 

Power of committee to execute 

certain order \ \(^ 

8 



COMMITTEES, SCHOOL— .""''^ ''''''' 

Of adjoining districts shall have 
power to arrange school for 

small children v 16 

Election of, and tilling of vacan- 
cies in \i iS 

(See Appendix, page 4O. ) 

Term of office vi 20 

Qualification of vi 20 

Duties and powei's of ix 21 

Shall deteniiine site, lea^e or pur- 
chase ground and build ... ix 21 
Removal of school house ... ix 21 
Repair of school house, fuel, ik.c., 

for same ix 21 

Procuring school house .... ix 21 
Employment of teachers ... ix 21 
Qualifications of teachers ... ix 21 
Certificate of Superintendent nec- 
essary qualification of teachers ix 21 

Temporarj- permits ix 21 

May employ female teacher, when ix 21 

Dismissal of teachers ix 21 

Regulations for government of 

schools ix 21 

Expulsion of scholars, how pro- 
vided for ix 21 

To whom schools shall be free . ix 21 
Uniform age of scholars .... ix 21 
Funds of di.strict, collection of . ix 22 
Appointment of collectors ... ix 22 
Form of collectors bond ... ix 22 
Quorum, acts of, valid . . . . ix 22 
Posting accounts required by Art. 

XV, neglect; penalty .... ix 22 
Annual exhibition of accounts, 

and report of proceedings . . ix 22 
Appointment of persons to settle 

said account ix 22 

Payment of money to successors, 

neglect; penalty ix 22 

Allowance of committee ... ix 22 
Shall give notice of stated meet- 
ings, when ; penalty . . . . ix 22 
Teachers shall quarterly report to x 23 
Salary of teachers withheld by, 

when X 23 

(See Assessments.) 

(See Taxes, Lerv and Collection of.) 



Index. 



AKT. PAGE 

COMMITTEES, SCHOOL— 

(See Collectoj-s.) 

When money is due district from, 

it may be proceeded for . . . xii 30 
( See School Fund and Drafts on 

School Fund. ) 
( S e e ^ uditor of A ccou nts.) 
(See Districts.) 
(See Union of Districts.) 
(See Returns.) 
Form of order of, on Trustee for 

dividend 51 

Manner of drawing dividends by 5 1 

Explanation of duties relating to 

the assessment and collection 

of taxes 49 

To be sworn by justice of peace . 52 

D 

DELAWARE COLLEGE— 

President of, ex officio President 

of State Board of Education . iii 7 

DISTRICTS, SCHOOL— 

Limits of, to be recorded . . . iv 8 

Certificate of numbers of, by the 
Clerk of the Peace to Trustee 
of School Fund iv 8 

Power of Levy Court to make al- 
terations in iv 8 

Application, how made, notice, 

cSiC iv 8 

Additional, may be laid off . . iv 8 

Petition to Levy Court for ap- 
pointment of commissioners . iv 8 

Mode of proceeding iv 8 

Return of commissioner, filing of, 

&c iv 8 

Provisions of School Law appli- 
cable to additions iv 9 

Additional, entitled to proportion 

of School Fund iv 9 

Additional must have 35 scholars iv 9 

Return of commissioners in case 

of refusal to lay off additional iv 9 

Notice of first school meeting in 

additional, how given . . . iv 9 

Failure to give notice does not 

invalidate organization, proviso iv 9 



ART. I 

DISTRICTS, SCHOOL— 

Oath of commissioners to lay off 

additional iv 

Compensation iv 

Inhabitants of additional, to en- 
joy benefits of school in origi- 
nal, till next stated meeting . iv 
Site for the erection of school 

house i^ 

How located iv 

Assessment of damages therein . iv 
On payment of damages land to 

become property of district . . iv 
In case of minor or non-resident 
owner, damages shall be de- 
posited, where iv 

Operation of such deposit . . . iv 
On failure of freeholders to meet, 

duty of commissioners ... iv 
Power of freeholders to adjourn iv 
Decision, majority of freeholders iv 

Fees of freeholders iv 

Capacity and powers of school 

district iv 

( For the sub-division of districts 
and the formation of new ones, 
see Article 4, Pages 11 to 14.) 
(See Meetings, Stated, Occasion- 
al, and Returns. ) 
(See Commissioners and Clerks.) 
(See Assessments.) "^ 

(See Taxes, Levy and Collection 

of) 
(See Collectors.) 

When money is due to, from com- 
mittee it may be proceeded for xii 
(See School Fund.) 
(See Drafts on School Fund.) 
Form of petition for additional . 
Notice of presentation of petition 
Notice of meeting of commission- 
ers to lay out new 

Notice of first stated meeting of 
additional, form of notice . . 

Alterations of 

Form of notice of application for 

alteration of 

Consolidation of, by Superinten- 
dent, in Su.ssex county .... i 



30 



43 
43 

43 

44 
44 

44 



Index. 



59 



ART. PAGE 

DISTRICTS, SCHOOL, UNION OF 
When and how two districts may 

unite V 14 

When united, shall be one dis- 
trict V 14 

Manner of uniting v 15 

Notice V 15 

Votes necessary to a union . . v 15 
Appointment of committee to ar- 
range terms of v 15 

Report of committee, proviso . v 15 
First meetings of united district v 15 

Business of v 15 

Powers of v 15 

Nos. 23 and 75 in New Castle 
County, shall levy $1,000 tax 

annually ^15 

When united, shall not affect ac- 
coimt of Trustee of the School 

Fund ^'15 

Dividends of School Fund, how 

apportioned, paid, and applied v 15 

Place of meeting v 15 

Proposal to have several school 

houses in one district .... v 16 
Powers of committees of adjoin- 
ing districts to make arrange- 
ments for school for small chil- 
dren v 16 

[For districts which have been 
consolidated by act of Assem- 
bly, see Article V,pp. 16-18.) 
(See Stated Meetings.) 
(See School Fund.) 
(See Drafts on School Fund.) 

DUPLICATE— 

Collectors, how issued .... 49 

E 

EDUCATION, STATE BOARD OF— 

(See State Board of Education.) 
EVIDENCE— 

Oath of certain persons to be, of 

demand of taxes xii 29 

EXAMINATIONS— 

Of persons proposing to teach . i 3 
Oral or written i j 



ART. PAGE 

EXECUTOR— 

Of collector, power of . . . . xii 29 
Oath of, to be evidence of de- 
mand xii 29 

F 

FORM OF— 

Petition to lay out an additional 

district 43 

Notice of application to alter dis- 
trict 44 

Advertisement for yearly meeting 45 
Advertisement for occasional meet- 
ing- 46 

Certificate of yearly meeting . . 48 

Certificate of occasional meeting 49 

Warrant to collector of a hundred 50 

Certificate of money received in 

order to obtain dividend . . 50 

Order on Trustee for dividend . 51 

Of application to Clerk of the 

Peace to advertise a meeting . 51 

Of certificate of oath, &c 52 

FREEHOLDERS— 

Appointment of, to locate site of 

school house iv 10 

Duties iv 10 

Failure to meet, what done in 

case of iv 11 

Power to adjourn iv 11 

Decision of majority iv 11 

Fees iv 11 

Expenses, how borne iv 11 

FUND, SCHOOL— 

(See School Ftind.) 

I 

INCORPORATED SCHOOL DIS- 
TRICTS— 

Exempt from provisions of law in 
relation to Superintendent, &c., 
exception iii 7 

INSTITUTE, TEACHERS— 

When and where held .... i 5 
Duties of teachers with respect to i 5 



6o 



Index. 



ART. F 

L 

LEVY COURT— 

Power of, to make alterations in 

districts iv 

Notice of application, how given iv 
Shall allow compensation for ser- 
vices of commissioners ... iv 
Shall appoint freeholders to lo- 
cate school house iv 

(See Schools for Colored Persons.) 
Notice of persons appointed by, 
of first stated meeting in an ad- 
ditional district 

M 

MEETINGS, ADJOURNED— 

Proceedings and powers of . . vi 

MEETINGS, OCCASIONAL— 

By whom and how called . . . vii 

Where held vii 

Quorum vii 

What business may be transacted vii 
Appointment of chairman and 

secretary of vii 

Duties of secretary of vii 

Penalty for fraudulent entries by 

secretary at vii 

(See Rehirns.) 

(See Clerks.) 

Vacancy in committee may be 

filled at vi 

Forms for advertisement of . . 
Further matters relating to . . . 

MEETINGS, STATED— 

Time and place of holding . . vi 
Shall be kept open, how long, 

proviso vi 

Qualification of voters .... vi 

Illegal voting vi 

Quorum of voters vi 

Chairman and secretary, election 

of . vi 

Members of committee, election 

of vi 

Resolution to raise money, sum . vi 
Vote respecting tax, when and 

how taken, and how raised . vi 



44 



19 

20 
20 
20 
20 

20 
20 



20 

45 
45 



ART. PAGE 

MEETINGS, STATED— 

When the sum shall be raised by 

subscription . . . . i^ . . . vi 19 
Amount which may be raised by 

taxation, proviso vi 19 

Raising money for school house, 

limit vi 19 

When only vote for tax can be 

taken vi 19 

Additional tax, when and how- 
raised vi 19 

Collection of taxes vi 19 

Adjournment, and proceedings of 

adjourned meetings . . . . vi 19 
Failure to hold, or to act at, not 

to lose power to proceed . . vi 20 
Other meetings may be held . . vi 20 
When notice of meeting shall be 

given by the Clerk of the Peace vi 20 
Advertisements for, how posted vi 20 
(See Rehirns, and Clerks.) 
Auditor of Accounts to make 
known default of committee to 

chairman of xv 34 

Notice of first, for additional dis- 
trict, form of notice 44 

Notice of, manner of .... . 45 

Form of advertisement for . . . 45 

Acts of, when notice is given, are 

not void 45 

Fine of clerk or commissioners 

failing to give notice of . . . 45 

Order of business in 46 

Form of application to Clerk of 

the Peace to advertise ... 51 

Posting of advertisement ... 51 

N 

NON-RESIDENTS— 

To be notified by clerks .... xi 26 
Demand on, for taxes not neces- 
sary xii 29 

o 

OATH OR AFFIRMATION— 

Of clerks and commissioners . . vi 20 

Who may administer ..... 52 

Certificate of 52 



Index. 



6i 



ART. PAGE 
P 

PERMITS, TEMPORARY— 

When granted ix 21 

R 

RETURNS— ' 

Certificate of proceedings of meet- 
ings, how, when, to and by 

whom made viii 20 

Penalty for neglect of viii 20 

When proceedings shall be void viii 21 
Who shall call another meeting, 

and how viii 21 

Statement of business viii 21 

Powers at such meeting .... viii 21 

How regulated viii 21 

(See Clerks.) 

s 

SALARIES— 

Of Superintendent i 4 

Of Assi?tant Superintendent . . ii 6 

SCHOOL FUND— 

How affected by union of districts v 15 

How paid to united districts . . v 15 

Sources of xiii 30 

Distribution of xiii 31 

Distribution of, among the coun- 
ties and districts thereof . . . xiii 31 
Exception, as to Wilmington . xiii 31 
United districts entitled to shares 

of the several districts . . . xiii 32 
$30 from each county deducted 

to pay for convention .... viii 32 
(See Drafts on.) 
( See Auditor of Accounts. ) 
Certain appropriations and invest- 
ments shall belong to ... . xvi 34 

Trustee of xvi 34 

Powers of Trustee of xvi 34 

Donations to, application of . . xvi 34 

Settlements to be published . . xvi 34 

Patrons names xvi 34 

Sources of revenue of . . . . xvi 34 

Proviso xvi 35 

Investments xvi 35 

A]ipropriations to xvi 35 



AKT. PAGE 

SCHOOL FUND— 

Form of order on Trustee of, for 

dividend 51 

Payment of dividend of ... . 51 

Drafts on xiv 32 

Orders on, how made .... xiv 32 

Vouchers paid by Trustee . . . xiv 32 

Commencement of school year . xiv 32 

Arrears of, how drawn .... xiv 32 

Forfeiture of district's share of . xiv 32 
Trustee shall certify payments to 

Auditor of Accounts .... xiv 32 
Penalty for making fraudulent 

certificate xiv T^2t 

(See Auditor of Accounts. \ 

SCHOOL HOUSE— 

Location of site of, plot, etc . . iv 10 
Propo.sal to have several, in united 

districts v 16 

Shall be as near centre of district 

as practicable ix 21 

When removed ix 21 

Repairs ix 21 

SCHOOLS FOR COLORED PER- 
SONS— 

Levy Courts to tax colored per- 
sons for support of their own 

schools 37 

Tax rate 37 

Separate fund 37 

How collected 37 

Money collected to be paid to 

County Treasurer 37 

Distribution of money, by whom, 

conditions 37 

Treasurer of Delaware Associa- 
tion for Education of Colored 
People to give bond .... 38 

Penal sum 38 

Conditions 38 

Bond of County Treasurer and 

County Collectors liable ... 38 

Rate of commissions 38 

Appropriation of money for . . 38 

To whom paid 38 

Bond of the Treasurer of Dela- 
ware Association for Colored 
Persons 38 



62 



Index. 



SCHOOLS FOR COLORED PER^""^ 

SONS— 

Bond, by whom approved . . . 

Report 

Distribution of the money appro- 
priated 

Proviso 

(See Schools for persons exempted 
from operations of Chap. 48, 
Volume 75". ) 

SCHOOLS FOR PERSONS EX- 
EMPTED FROM OPERATION 
OF CHAP. 48, VOL. 15— 

Names of persons exempt from 
certain taxation for school pur- 
poses ... 

Name of corporation 

Seal 

Corporate powers 

Mode of acquiring membership, 
proviso 

Division of corporation .... 

Names of districts ... ... 

Record of districts 

Time of meeting 

Voting 

School committees 

Amount of money raised . . . 

Stated meeting 

Place of meeting ....... 

Qualification of voters ... 

Quorum 

Officers 

Amount of money to be raised . 

Vacancies ... ... ... 

Apportionment of tax 

Appeal 

Collector ; bond of 

Proof of demand 

Suit for taxes 

Teachers 

School year 

Apportionment of funds .... 

Who may attend the schools . . 

Withdrawal from membership . 

To receive a pro rata share of 
money to be distributed among 
colored schools of Sussex Coun- 
ty ; proviso, when to take effect 



38 
38 

38 
38 



39 
39 
39 
39 

40 
40 
40 
40 
40 
40 
40 
40 
41 
41 
41 
41 
41 
41 
41 I 

41 ! 

41 i 
41 i 

41 

41 I 
41 

41 ! 

42 I 
42 
42 



42 



ART. PAGE 

SECRETARY— 

Of stated meetings, the time and 

manner of the election of . . vi 18 

Of occasional meeting . . . . vii 20 

Duties of, at occasional meetings vii 20 
Penalty for fraudulent entries in 

books vii 20 

SECRETARY OF STATE BOARD 
OF EDUCATION— 

Who shall be iii 7 

Duties of iii 7 

STATE BOARD OF EDUCATION— 

Appeals to i 4 

Composition of iii 6 

Meeting of ' ... iii 7 

Secretary of iii 7 

President of iii 7 

Powers and duties of iii 7 

Text books determined by . . iii 7 

Blanks issued by iii 7 

Preparation and distribution of 

forms by iii 7 

Members of, to receive no .salary iii 7 

Quorum of, adjournment of . . iii 7 

SUPERINTENDENT— 

Appointment of i 3 

Qualification of i 3 

Term of office, vacancy .... i 3 

Duties of . . i 3 

Shall engage in no other business i 3 
Examination of persons for cer- 
tificate as teachers i 3 

Who shall be examined .... i 3 

Salary of, how paid i 4 

Report of, when to be made . . 15 
Teachers' Institute to be held by, 

where and when i 5 

Re-districting and consolidation 

of districts by, in Sussex County i 5 

Proviso i 5 

School books purchased by and 

distribution of, by .... . i 5 

List of school books rendered by i 5 

Bond of, condition, i 5 

Warrant of attorney i 6 

Record of books i 6 

Member of State Board of Edu- 
cation i 6 



Index. 



ART. PAGE 

SUPERINTENDENT— 

Shall recover price of books, 

when ix 23 

Report of teachers to be for- 
warded to X 23 

Permits, temporary ix 21 

SUPERINTENDENT, ASSISTANT— 

Appointment of ii 6 

Duty of ii 6 

Secretary of vState Board of Edu- 
cation ii 6 

Salary of, how paid, &c ii 6 

T 

TAX— 

Vote respecting, when and how 

taken vi 19 

Amount of, to be levied annually 

by committee vi 19 

Additional sum which may be 

raised, proviso vi 19 

P'or erection of school house, limit vi 19 

When only vote for, can be taken vi 19 

Additional, when and how raised vi 19 

Collection of vi 19 

Vote for, cannot be taken, when vi 19 

TAXES, LEVY AND COLLEC- 
TION OF— 

How levied xii 28 

Amount added for delinquencies xii 28 
Payment of, prior to a certain date xii 28 
Deduction in case of certain pay- 
ment of xii 28 

Delivery of duplicate to collector xii 28 
Collector to accept duplicate of xii 28 

Powers of collectors xii 28 

Form of warrant xii 28 

Penalty for refusal by collector to 

accept warrant xii 29 

Power of executor or administra- 
tor of collector of xii 29 

Oaths of certain persons to be evi- 
dence of the demand of . . . xii 29 
No demand of, necessary on non- 
resident xii 29 

Power of collectors to attach effects 

of taxables xii 29 



ART. PAGE 

TAXES, LEVY AND COLLEO 
TION OF— 

Right of collector to sue persons 

not responding to notice ... xii 29 
Mode of such trial, appeal . . xii 29 

Removal of 'taxable xii 29 

Time when collector shall pay 

over xii 30 

Delinquencies xii 30 

Commissions of collectors ... xii 30 
Liability of collector for . . . . xii 30 
Penalty when collectors fail to 

pay over; suits xii 30 

When money is due district by 
committee it may be proceeded 

for xii 30 

( See Appendix, pages 4Q and jO. ) 

TEACHERS— 

Their qualifications i 3 

Examination of i 3 

Method of examination, oral or 

written i 4 

Attendance of, at Institute ... i 5 
(See Commissioners and Clerks.) 
Quarterly reports of, contents . x 23 
Payment of salary withheld . . x 23 
Forwarding of reports of, to Su- 
perintendent >^ 23 

Time of, in attendance at Institute 
shall not be deducted from pe- 
riod of service x 24 

Permits, temporary ix 21 

TEACHERS' INSTITUTE— 

(See Institute, Teachers\) 

TREASURER, COUNTY AND 
STATE— 

(See Schools for Colored Persons.) 
TRUSTEE OF SCHOOL FUND— 
(See School Fund dind Drafts on.) 

Powers of xvi 34 

Form of order on, for dividend . 51 

V 

VOTERS AND VOTING— 
(See Stated Meetings.) 
(See Occasional Afeetim^s.) 



